Traffic/DUI

House Bill 2569

Topic: 
Guilty pleas
(Cabello, R-Rockford) prohibits a guilty plea from being taken unless the court explains the following to the defendant: (1) the maximum and minimum penalty provided by law for the offense which may be imposed by the court (rather than the consequences of the plea and the maximum penalty provided by law for the offense which may be imposed by the court); (2) any possible increased sentence by reason of the fact of a prior conviction or future conviction and any possibility of the imposition of consecutive sentences; (3) any registration requirement that accompanies the plea and the restrictions associated with the registration; and (4) the consequences of the plea on a defendant’s ability to: (a) retain or obtain housing in the public or private market; (b) acquire loans for educational or other purposes; (c) enroll in certain degree programs; (d) retain or obtain employment; (e) retain or obtain an occupational or driver's license; (f) possess a firearm; and (g) retain or obtain custody of a child. Scheduled for hearing next Tuesday in House Criminal Law Committee.

People v. Geiler

Illinois Appellate Court
Criminal Court
Traffic
Citation
Case Number: 
2015 IL App (5th) 140423
Decision Date: 
Wednesday, February 11, 2015
District: 
5th Dist.
Division/County: 
Madison Co.
Holding: 
Affirmed.
Justice: 
MOORE
(Modified upon denial of rehearing 3/10/15.) Court properly granted motion of Defendant to dismiss traffic citation for failure to timely file citation with circuit clerk within 48 hours. City Detective testified that City police department consistently transports traffic citations to circuit clerk on Mondays and Fridays, causing citations issued on Tuesdays to be filed beyond the 48-hour deadline of Rule 552, along with tickets issued on Mondays and Fridays after citations have been delivered to clerk. Thus, even though Rule 552's language that citations shall be delivered to circuit clerk within 48 hours is directory, a clear and consistent violation of Rule 552 occurred, and dismissal of citation was proper. (STEWART and SCHWARM, concurring.)

People v. McLeer

Illinois Appellate Court
Criminal Court
Statutory Summary Suspension
Citation
Case Number: 
2015 IL App (2d) 140526
Decision Date: 
Friday, February 27, 2015
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Affirmed.
Justice: 
BURKE
Defendant's driving privileges were summarily suspended after he refused to submit to blood alcohol testing. At hearing, court allowed State to amend arresting officer's "Sworn Report" to indicate date Defendant was given notice. Officer's failure to fill in blank line on Sworn Report asking for when Notice of Suspension/Revocation was given was not a fatal defect warranting rescission of statutory summary suspension. Sworn Report listed date Defendant refused testing, indicated that notice of suspension was served on Defendant immediately, and stated that it was signed on same date. From that information, Secretary of State had sufficient information to calculate and confirm suspension. (SCHOSTOK and ZENOFF, concurring.)

House Bill 1417

Topic: 
Court-appointed counsel
(Christian Mitchell, D-Chicago) allows a court, on the motion of court-appointed counsel, to conduct a hearing on the amount of payment to court-appointed counsel. Under current law the State’s Attorney or the court may now make this motion. This bill adds the court-appointed counsel as well. Assigned to House Rules Committee.

Senate Bill 804

Topic: 
Court-services fee
(Haine, D-Alton) lifts the ceiling for the court-services fee that is now at $25. It can be increased to more than $25 if accompanied by an acceptable cost study per statute. The court-services fee is dedicated to the the county sheriff for court security and applies to civil pleadings and criminal convictions. Just introduced and referred to the Senate Committee on Assignments.

Senate Bill 86

Topic: 
State’s Attorneys’ and debt collection
(Althoff, R-McHenry) amends the Counties Code to allow defaulted fines or penalties or installments of either to be collected by any means authorized for the collection of monetary judgments. Allows the state’s attorney to retain attorneys and private collection agents to do the collections. Charges their fees against the offender. Just introduced and referred to the Senate Committee on Assignments.

House Bill 340

Topic: 
DUI imprisonment
(Wheeler, R-Cystal Lake) amends the Illinois Vehicle Code to require a minimum term of imprisonment of 10 consecutive days if a person is convicted of driving on a revoked or suspended license for driving under the influence or a statutory summary suspension if there is any amount of alcohol or illegal drug in his or her breath, blood, or urine. Just introduced and referred to House Rules Committee.

House Bill 304

Topic: 
Notice and change of addresses
(Brady, R-Normal) amends the Clerks of Courts Act to allow the circuit court clerk to reasonably rely upon any notice of the party’s change of address received from the United States Postal Service as a true and correct statement of the party’s current residential address. Applies to any notification required by law to be made by the circuit clerk to a party. Just introduced and referred to House Rules Committee.

People v. Bozarth

Illinois Appellate Court
Criminal Court
DUI
Citation
Case Number: 
2015 IL App (5th) 130147
Decision Date: 
Monday, January 26, 2015
District: 
5th Dist.
Division/County: 
Wayne Co.
Holding: 
Reversed.
Justice: 
STEWART
Defendant was charged with two counts of DUI, and convicted of one count after bench trial. Court erred in denying Defendant's motion to quash arrest and suppress evidence. Defendant was seized within meaning of 4th Amendment, as officer testified he had his gun drawn when he exited his vehicle to make contact with Defendant, which is show of authority. Officer's testimony establishes that he did not have any suspicion of criminal activity when he first began following Defendant's vehicle, and that he followed vehicle onto private drive to see if anything "might happen". Officer could not articulate any facts to support reasonable suspicion that Defendant had committed, or was about to commit, a crime that would justify investigatory stop.(GOLDENHERSH, concurring; WELCH, dissenting.)

When DUI Causes Death: What ‘Extraordinary Circumstances’ Justify Probation?

By Anthony W. Vaupel
February
2015
Article
, Page 36
Illinois law requires that defendants convicted of aggravated DUI resulting in death be sentenced to prison unless the court finds "extraordinary circumstances." But what does that phrase mean?