Traffic/DUI

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.

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.