Traffic/DUI

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.
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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.
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People v. Bozarth

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?

House Bill 175

Topic: 
Open Meetings Act
(McSweeney, R-Cary) provides that a request for review may be filed no later than 60 days after the discovery of an alleged violation of the Act (instead of 60 days after the alleged violation) if facts concerning the violation are not discovered within 60 days after the alleged violation but are discovered at a later date by a person using reasonable diligence. Introduced and assigned to House Rules Committee.
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Senate Bill 45

Topic: 
Uniform Interstate Depositions and Discovery Act
(Barickman, R-Bloomington) provides procedures for the issuance of a subpoena to require deposition testimony or discovery production in this State for litigation pending in a foreign jurisdiction. Provides that Illinois Supreme Court rules and the Section of the Code of Civil Procedure concerning subpoenas apply to subpoenas issued under the new provisions. Introduced and assigned to the Senate Committee on Assignments.
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People v. Morales

People v. Morales
Illinois Appellate Court
Criminal Court
Statutory Summary Suspension
Citation
Case Number: 
2015 IL App (1st) 131207
Decision Date: 
Tuesday, January 6, 2015
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Reversed.
Justice: 
FITZGERALD SMITH
Court improperly rescinded DUI Defendant's statutory summary suspension of his driver's license. No due process violation where Defendant was provided notice and a hearing. Defendant was served with notice on date he was arrested for DUI, and had opportunity to present any objections at court hearing. That a letter "Notice of Summary Suspension" from Secretary of State arrived by mail when his suspension had already begun was irrelevant, as it was merely a confirmation that his license was suspended, and did not impact his procedural due process rights. (HOWSE and EPSTEIN, concurring.)

People v. Morrow

People v. Morrow
Illinois Appellate Court
Criminal Court
Aggravated DUI
Citation
Case Number: 
2014 IL App (2nd) 130718
Decision Date: 
Tuesday, December 2, 2014
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
BURKE
Court did not apply Defendant's 7 previous DUI convictions in aggravation, but properly discussed them in relation to the nature and circumstances of the offense, Defendant's likelihood to reoffend, protection of the public, and deterrence, in sentencing Defendant to 13 years incarceration for aggravated DUI, which is a Class X felony based on at least five prior DUI convictions. (ZENOFF and SPENCE, concurring.)

Senate Bill 2799

Topic: 
FOIA

(Currie, D-Chicago) amends the FOIA Act to do two things. (1) It expands exemption (f) to include “correspondence” as exempt from a FOIA request. But this exemption is waived if and only if the specific record is publicly cited and identified by the head of the public body. If the specific record is publicly cited and identified by the head of the public body, then only those portions of the specific record publicly cited and identified are no longer exempt. Records exempt from disclosure under this subsection and not publicly cited and identified by the head of the public body, including, but not limited to, purely factual material, remain exempt regardless of whether the record was adopted or incorporated into a final decision of the public body. (2) If the public body produces the records after a suit has been filed under this Section, but before the court renders a final judgment, the court must award reasonable attorney’s fees and costs if the court imposes a civil penalty under subsection (j). For purposes of this subsection (i), a requester “prevails” if the person obtains relief through: (a) a court-approved settlement or consent decree; or (b) a final unappealable judgment from a court of competent jurisdiction. House Amendment No. 3 remains in House Executive Committee.

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People v. Gaede

People v. Gaede
Illinois Appellate Court
Criminal Court
DUI
Citation
Case Number: 
2014 IL App (4th) 130346
Decision Date: 
Tuesday, November 4, 2014
District: 
4th Dist.
Division/County: 
Macon Co.
Holding: 
Affirmed.
Justice: 
POPE
Defendant was convicted, after jury trial, of DUI. Defendant refused to submit to chemical breath test requested by arresting officer. Implied-consent statute is not facially unconstitutional. A statute is facially unconstitutional only if statute can never be constitutionally applied. Statute allowed Defendant to refuse request for breath test, and his fourth amendment rights were not violated when he refused test. No constitutional violation in suspension of drivers license after refusal, or in introduction at trial of Defendant's refusal of breath test, because Defendant does not always have a constitutional right to refuse a breath test.(KNECHT and TURNER, concurring.)