Traffic/DUI

People v. McKinley

Illinois Appellate Court
Criminal Court
Jury Deliberations
Citation
Case Number: 
2017 IL App (3d) 140752
Decision Date: 
Tuesday, March 21, 2017
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
CARTER

Defendant was convicted of aggravated DUI. Court allowed jury, during deliberations and in courtroom, to view video of Defendant's traffic stop, in presence of a substitute, prosecutor, Defendant and his counsel, and bailiff. Record does not show any prejudice to Defendant. Even if it was error, it does not rise to level of plain error, as evidence was not closely balanced, and did not affect fairness of trial and did not challenge integrity of judicial process. (O'BRIEN, specially concurring; HOLDRIDGE, dissenting.)

People v. Acevedo

Illinois Appellate Court
Criminal Court
Statutory Summary Suspension
Citation
Case Number: 
2017 IL App (3d) 150750
Decision Date: 
Wednesday, March 1, 2017
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
O'BRIEN

Court properly denied Defendant's petition to rescind statutory summary suspension (SSS) after being charged with DUI. State committed a discovery violation as it did not turn over a DVD of Defendant's traffic stop, because DVD was accidently destroyed after stop. Court did not abuse its discretion in considering available options for sanctions and determining that imputing that Defendant had met his burden of proof as to a prima facie case for rescission was appropriate sanction, rather than barring officer's testimony as to stop. (CARTER, concurring; SCHMIDT, specially concurring.)

People v. Williams

Illinois Appellate Court
Criminal Court
Motion to Suppress
Citation
Case Number: 
2017 IL App (3d) 150879
Decision Date: 
Wednesday, February 22, 2017
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed and remanded.
Justice: 
WRIGHT

Court erred in granting Defendant's motion to quash his arrest for DUI, after city police officer, acting within his jurisdiction, after an off-duty police officer from another city placed him in custody for improper lane usage. An off-duty police officer's use of a radar gun outside of his jurisdiction, before personally witnessing a driver commit other traffic offenses unrelated to excessive speed, will not taint subsequently developed probable cause to conduct arrest by officer acting in his civilian capacity. (HOLDRIDGE and SCHMIDT, concurring.)

Senate Bill 1761

Topic: 
Criminal law and defense

(Biss, D-Skokie) provides that the following  cannot be mitigating factors in a first-degree murder case nor serious provocation in a second-degree murder case: a non-violent sexual advance, nor the discovery, knowledge, or perception of a person’s sex or sexual orientation, including under circumstances in which the defendant and victim dated or had a romantic or sexual relationship. The change to first-degree murder is only relevant if the State re-enacts the death penalty. It has just been introduced. 

Senate Bill 889

Topic: 
Jury Act

(Hutchinson, D-Chicago Heights) provides that no person who is qualified and able to serve as a juror may be excluded from jury service in any court of this State on the basis of race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, or unfavorable discharge from military service. It does not affect any current statutory exemptions. It has just been introduced. 

Senate Bill 1238

Topic: 
Veterans and Servciemembers Court

(McCann, R-Carlinville) allows the chief judge at his or her discretion to operate the Veterans and Servicemembers Court program in one or more counties in the circuit, and allow veteran and servicemember defendants from all counties within the circuit to participate. It has just been introduced

House Bill 689

Topic: 
Seizure and Forfeiture Reporting Act

(Guzzardi, D-Chicago) provides that the Act applies to any law enforcement agency that seizes property alleged to have been used in or derived from the commission of a criminal offense. Provides that every law enforcement agency that seizes property shall report specified information on a monthly basis. Changes most forfeiture distributions from law enforcement agencies to the Asset Forfeiture Proceeds Fund to be administered by the Illinois Criminal Justice Information Authority. House Bill 689 was just introduced. 

Senate Bill 9

Topic: 
Business Opportunity Tax Act

(Hutchinson, D-Chicago Heights) creates the Business Opportunity Tax that imposes a tax on all entities that issue a Form W-2 or a Form 1099 to a resident of Illinois. It imposes a sliding scale of taxation based on the employer’s total Illinois payroll as follows. (1) if the taxpayer’s total Illinois payroll for the taxable year is less than $100,000, then the annual tax is $225; (2) if the taxpayer’s total Illinois payroll for the taxable year is $100,000 or more but less than $250,000, then the annual tax is $750; (3) if the taxpayer’s total Illinois payroll for the taxable year is $250,000 or more but less than $500,000, then the annual tax is $3,750; (4) if the taxpayer’s total Illinois payroll for the taxable year is $500,000 or more but less than $1,500,000, then the annual tax is $7,500; and (5) if the taxpayer’s total Illinois payroll for the taxable year is $1,500,000 or more, then the annual tax is $15,000.

The following are exempt from taxation under this Act: (1) governmental employers described in Section 707 of the Illinois Income Tax Act; and (2) not-for-profit corporations that are exempt from taxation under Sections 501(c) or 501(d) of the Internal Revenue Code or organized under the General Not For Profit Corporation Act of 1986. Senate Amendment No. 2 becomes the bill and was just filed. It is part of the “grand bargain” being attempted by Senate leaders.

 

House Bill 221

Topic: 
Illinois Vehicle Code

(Gordon-Booth, D-Peoria) changes current law for reporting of court supervision for a serious traffic violation under the Code or a similar provision in a local ordinance. Currently, a report of a disposition of court supervision for a serious traffic violation committed by a person under 21 years of age must be sent to the Secretary of State’s Office. This bill requires a reporting for all drivers regardless of their age. The second change affects the time for reporting to the Secretary of State a disposition of court supervision for any traffic violation (with some exceptions) under the Code. This bill requires immediate reporting instead of forwarding within five days after disposition. House Bill 221 has just been introduced. 

People v. Biagi

Illinois Appellate Court
Criminal Court
Statutory Summary Suspension
Citation
Case Number: 
2017 IL App (5th) 150244
Decision Date: 
Tuesday, October 18, 2016
District: 
5th Dist.
Division/County: 
Marion Co.
Holding: 
Reversed.
Justice: 
MOORE

Court erred in granting Defendant's motion to suppress evidence and in granting his petition to rescind statutory summary suspension (SSS) of his driver's license. Trooper showed no coercive behavior and no physical force or show of authority to restrain Defendant's liberty. Thus, his encounter with Defendant, prior to trooper observing signs that Defendant was under the influence, was consensual and not a seizure. Trooper could reasonably have concluded that Defendant was experiencing distress, as Defendant was driving 20 mph under speed limit, then slowed and stopped in front of him on shoulder of a dark and deserted rural road in middle of night, any alleged seizure was reasonable under community caretaking doctrine. No unreasonable seizure in trooper taking Defendant's license and registration back to squad car, as Defendant offered them to trooper, and as there is evidence that a reasonable, articulable suspicion of criminal activity had arisen by then. (CHAPMAN, concurring; WELCH, dissenting.)