Traffic/DUI

Senate Bill 1630

Topic: 
Judicial facilities fee
(Holmes, D-Aurora; Keith Wheeler, R-Oswego) authorizes the Kane County Board, with concurrence of the chief judge of the circuit, to impose a judicial facilities fee not to exceed $30. It will be imposed on civil litigants and defendants in criminal cases. Passed both chambers.

Senate Bill 804

Topic: 
Court-security fee
(Haine, D-Alton; Moffitt, R-Galesburg) allows the current court security-fee to exceed $25 for every party in a civil suit if it is set according to an acceptable cost study under the Counties Code. This fee is also added to a plea of guilty or conviction for defendants in traffic, ordinance, and criminal cases. Passed both chambers.

House Bill 1453

Topic: 
Speeding and supervision
(Walsh, D-Joliet; Mulroe, D-Chicago) prohibits a court from awarding supervision for speeding in a school zone or aggravated speeding in a construction zone or urban district (more than 26 miles an hour higher than the posted limit). Allows the court to award supervision for other aggravated speeding offenses once in a person’s lifetime. Passed both chambers

People v. Olsen

Illinois Appellate Court
Criminal Court
Motions to Suppress
Citation
Case Number: 
2015 IL App (2d) 140267
Decision Date: 
Friday, June 5, 2015
District: 
2d Dist.
Division/County: 
DeKalb Co.
Holding: 
Reversed and remanded.
Justice: 
SCHOSTOK
Defendant was charged with two counts of DUI. Section 30 of State Police Act, which requires that police cars be equipped with video recording device to record traffic stops. Court abused its discretion in suppressing officer's testimony about field sobriety tests as a sanction for officer's failure to capture field sobriety tests on video. State did not commit a discovery violation, as State turned over the video, and as Section 30 of Act is directory, and does not provide remedy for noncompliance. (JORGENSEN and BIRKETT, concurring.)

People v. Lutter

Illinois Appellate Court
Criminal Court
Statute of Limitations
Citation
Case Number: 
2015 IL App (2d) 140139
Decision Date: 
Monday, May 18, 2015
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Reversed.
Justice: 
ZENOFF
(Court opinion corrected 5/29/15.) Defendant was convicted, after bench trial, of reckless driving. Information showed on its face that it was filed beyond statute of limitations. Establishing that statutory exception tolled limitations period was element of State's case that it had to prove beyond a reasonable doubt at trial, but State failed to do so. Defendant was not required to file motion to dismiss, and he did not waive State's obligation to prove this element at trial by not filing motion to dismiss.(SPENCE, specially concurring; BURKE, dissenting.)

People v. Scarbrough

Illinois Appellate Court
Criminal Court
DUI
Citation
Case Number: 
2015 IL App (3d) 130426
Decision Date: 
Wednesday, May 13, 2015
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
McDADE
Defendant entered blind plea of guilty to driving while license revoked, and to obstructing identification. Court properly found that Defendant was not eligible for court supervision, as his revocation was related to a DUI charge. During plea agreement negotiations, it was established that Defendant had been convicted of driving while license revoked in connection with DUI charge, and thus Defendant was required to serve minimum 30 days in jail. Bond forfeiture for DUI is equivalent of conviction for DUI for purposes of Driver Licensing Law. (CARTER and WRIGHT, concurring.)

People v. ex re. Nerheim v. 2005 Black Chevrolet Corvette

Illinois Appellate Court
Civil Court
Forfeiture
Citation
Case Number: 
2015 IL App (2d) 131267
Decision Date: 
Thursday, April 30, 2015
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
SPENCE
State filed complaint for seizure and forfeiture of Defendant's 2005 Corvette, alleging that it was used in his commission of offense of driving while license suspended or revoked. Defendant's license was summarily suspended, and he was issued judicial driving permit but was to have ignition-interlock device installed within 14 days and did not do so. Officer on patrol had run check of Defendant's license plate while at intersection, and learned that his license was suspended with ignition-interlock device required. Summary suspension of license per Section 11-501.1 of Vehicle Code subjected his vehicle to forfeiture under Section 6-303 of Vehicle Code. Because defendant failed to comply with requirements of permit, he violated Section 6-303, and no evidence that he had extension of 14-day period to have device installed. Officer was permitted to conduct brief investigatory stop to ascertain whether Defendant was driving on suspended license. (McLAREN and JORGENSEN, concurring.)

People v. Lake

Illinois Appellate Court
Criminal Court
Aggravated DUI
Citation
Case Number: 
2015 IL App (3d) 140031
Decision Date: 
Wednesday, April 8, 2015
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed in part and vacated in part.
Justice: 
SCHMIDT
Defendant pled guilty to aggravated DUI; he struck a horse which his girlfriend was riding, causing horse to buck and girlfriend died from her injuries; another woman riding horse was seriously injured. Sentence of nine years was not disproportionate to nature of offense. Defendant had been driving about 46 mph on a dark road with no artificial lighting in early morning hours. Defendant had 2 prior DUI convictions. No evidence that court failed to consider mitigating factors. Presentence incarceration credit applies against eligible fines.(McDADE and WRIGHT, concurring.)

People v. Taiwo

Illinois Appellate Court
Criminal Court
DUI
Citation
Case Number: 
2015 IL App (3d) 140105
Decision Date: 
Friday, April 3, 2015
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
WRIGHT
Defendant was convicted, after bench trial, of DUI, improper lane usage, and failure to notify authorities of an accident. Court properly allowed State's motion for directed finding pertaining to existence of probable cause and duration of traffic stop. Court properly allowed State's motion for directed finding pertaining to existence of probable cause and duration of this traffic stop. Thus, court properly denied motion to suppress, as court found that officer first observed a traffic violation before initiating the stop. In ruling on motion to quash arrest or suppress evidence, lawfulness of traffic stop,must be measured by trial judge, rather than dictated by officer's reasoning formulated under exigent circumstances. Circumstantial evidence supports finding that Defendant was in actual, physical control of vehicle before driver of another vehicle picked her up and offered her a ride home. Evidence was sufficient to establish Defendant's guilt of DUI beyond a reasonable doubt. (LYTTON and SCHMIDT, concurring.)

budget issues

Topic: 
Court reporters
The immediate issue of funding for court reporters, childcare assistance, and the Department of Corrections is being negotiated by Governor Rauner and the four legislative leaders. As was reported in the Pantagraph, “A child care program for low-income parents needs $300 million to make it through the end of the year. The Illinois Department of Corrections says it will begin running out of money to pay guards in mid-April. And, funds to pay court reporters are running dry, potentially resulting in a stoppage of court activity.” This week I was told that legislators have noticed that they are not hearing as much from constituents on the shortage for court reporting funding as the other two problems. I was told that they were unaware of the impact that this would have on county detention of defendants awaiting trial and possible Speedy Trial problems. If you have an opportunity, you may wish to bring this up with your state senator and representative. Their telephone numbers may be found on the General Assembly website at www.ilga.gov/ Thank you.