Traffic/DUI

People ex rel. Kelly v. One 2008 Chevrolet Trailblazer

People ex rel. Kelly v. One 2008 Chevrolet Trailblazer
Illinois Appellate Court
Civil Court
Forfeiture
Citation
Case Number: 
2016 IL App (5th) 150338
Decision Date: 
Wednesday, October 26, 2016
District: 
5th Dist.
Division/County: 
St. Clair Co.
Holding: 
Reversed and remanded.
Justice: 
SCHWARM

After traffic stop, Claimant was arrested and charged with DUI and driving while license revoked (DWLR). Vehicle which Claimant was driving at time of arrest was owned by Defendant's live-in girlfriend. State commenced forfeiture action pursuant to Article 36 of Criminal Code, on basis that Claimant used it in commission of of offenses of DUI and DWLR. State offered affidavit that Defendant had been arrested or convicted for DUI on 5 prior occasions and that his license was suspended and revoked. To establish probable cause that property may be subject to forfeiture, State is only required to show that there is probable cause that property may have been used in commission of offense described in Section 36-1. Court erred in requiring State to show probable cause that vehicle owner knew or should have known that Claimant would be driving her vehicle on date it was seized. (GOLDENHERSH and MOORE, concurring.)

People v. Swift

People v. Swift
Illinois Appellate Court
Criminal Court
Aggravated DUI
Citation
Case Number: 
2016 IL App (3d) 140604
Decision Date: 
Wednesday, October 19, 2016
District: 
3d Dist.
Division/County: 
La Salle Co.
Holding: 
Affirmed.
Justice: 
LYTTON

Defendant was convicted of aggravated DUI. Although indictment was defective in that it failed to include proximate cause element, Defendant was aware of proximate cause element and suffered no prejudice in preparation of his defense. A rational jury could find that a motorist pulled over onto narrow shoulder should have been foreseeable to Defendant. Although defense did present evidence probative of unreasonableness of motorist's actions, jury was under no obligation to accept its evidence. (HOLDRIDGE and WRIGHT, concurring.)

People v. Hillis

People v. Hillis
Illinois Appellate Court
Criminal Court
Aggravated DUI
Citation
Case Number: 
2016 IL App (4th) 150703
Decision Date: 
Wednesday, September 28, 2016
District: 
4th Dist.
Division/County: 
Greene Co.
Holding: 
Affirmed.
Justice: 
APPLETON

Defendant was convicted, after jury trial, of aggravated DUI. Accident proximately caused death of woman, who Defendant argued was driving the pick-up truck. Court was within its discretion in granting State's motion in limine to bar physician from opining on who the driver was in accident. No evidence that physician's on-the-job experience equipped him to opine on who driver was. Court was within its discretion in denying Defendant's motion in limine to bar testimony of State's accident reconstructionist as to opining who the driver was, on basis of injury patterns. Looking at all evidence in light most favorable to prosecution, a rational trier of fact could find, beyond a reasonable doubt, that Defendant was the driver. (HARRIS and STEIGMANN, concurring.)

People v. Lubienski

People v. Lubienski
Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2016 IL App (3d) 150813
Decision Date: 
Thursday, September 1, 2016
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
LYTTON

Defendant was convicted, after bench trial, of DUI. No ineffective assistance of counsel in failure to file motion to quash arrest and suppress evidence. Officer had a reasonable, articulable suspicion to conduct investigatory stop when Defendant crossed over the fog line, thus deviating from his established lane. Record is devoid of any "affirmative testimony" indicating whether it was practicable for Defendant to have remained in his lane. Thus, question of probable cause cannot be addressed. (O'BRIEN, concurring; SCHMIDT, specially concurring.)

 

Public Act 99-879

Topic: 
Juvenile probation

(Nekritz, D-Buffalo Grove; Raoul, D-Chicago) prohibits a minor from being incarcerated for a Class 3 or 4 felony violation of the Illinois Controlled Substances Act. It makes an exception for a third or subsequent judicial finding of a violation of probation for substantial noncompliance with court-ordered treatment or programming. Limits the current five-year mandatory probation to minors found guilty of first-degree murder, and probation terms for Class X and forcible felonies are reduced to a minimum of three years, two years, or 18 months depending on the offense. Requires the court to schedule probation hearings for various offenses to determine whether it is in the best interest of the minor and public safety to terminate probation after the minimum period of probation has been served. Creates a rebuttable presumption that it is in the best interest of the minor and public safety to terminate probation.

Effective January 1, 2017.

 

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Public Act 99-835

Topic: 
Expungement of juvenile records

(Barbara Wheeler, R-Crystal Lake; Raoul, D-Chicago) allows a person to petition for expungement at any time for an offense occurring before their 18th birthday if no petition for delinquency was filed, the minor was charged with an offense but the petition was dismissed without a finding of delinquency, the minor was found not delinquent, the minor was placed on juvenile court supervision, or the minor was adjudicated for an offense that if committed by an adult would be a Class B or C misdemeanor or petty offense.

Effective January 1, 2017. 

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Public Act 99-882

Topic: 
Access to a lawyer

(Van Pelt, D-Chicago; Currie, D-Chicago) does three things. (1) Raises the age from 13 to 15 in which a lawyer is required to represent a minor during custodial interrogation in a homicide or sex-offense case; (2) expands current custodial interrogation videotape requirements to apply to all felonies and misdemeanor sex-offense cases for minors under the age of 18; and (3) sets out the specific wording for Miranda warnings for all minors under the age of 18.

Effective January 1, 2017. 

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Public Act 99-622

Topic: 
Cell site simulator device

(Biss, D-Skokie; Williams, D-Chicago) creates the Citizen Privacy Protection Act to regulate the use of “stingrays” that simulate a cell site tower to trick cell phones into using them. This bill prevents law enforcement from using stingrays unless they get a court order based on probable cause and may only be used for to locate or track the location of a communications device. Effective January 1, 2017. 

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Public Act 99-628

Topic: 
Omnibus Juvenile justice changes

(Raoul, D-Chicago; Nekritz, D-Buffalo Grove) makes numerous changes to juvenile justice law and post-conviction procedures (“aftercare release”). Among those changes, it prohibits minors from being admitted to the Department of juvenile Justice unless they are found guilty of a felony or first-degree murder. Exempts from felony incarceration the following crimes: criminal trespass to a residence, criminal damage or defacement to property, disorderly conduct, or obstructing justice. Creates 28 mandatory conditions of aftercare release and numerous discretionary conditions that may be imposed. Effective January 1, 2017. 

 

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Public Act 99-631

Topic: 
Property crimes

(Stadelman, D-Rockford; Wallace, D-Rockford) increases the threshold amount for damage to property that is used to enhance a misdemeanor to a felony or to enhance it to a higher class of felony. Currently, it must exceed $300; this bill requires that it must exceed $500. Effective January 1, 2017. 

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