Illinois DUI Case List

Expert Witnesses
 
People v. Jones, 2015 IL App (1st) 121016 (04/22/2015) (“foundational element” used
to strike a state firearms expert witness)
 
People v. Safford, 392 Ill. App. 3d 212, 221 (2009) (court said that the admission of an
expert’s testimony requires an adequate reliability foundation)
 
People v. McKown, 236 Ill.2d 278 (2010) (HGN foundations case but see King below)
 
People v. Floyd, 2014 IL App (2d) 120507 (March 2014) (retrograde extrapolation based
on a single breath test is more speculation than science)
 
Soto v. Gaytan, 313 Ill. App. 3d 137 (2000) (another case that talks about a foundational
element)
 
People v. Negron, 2012 IL App (1st) 101194 (2012) (another case that allows a
fingerprint expert to testify but discusses Safford’s foundations test)
 
Discovery Sanctions
 
People v. Tsiamas, 2015 IL App (2d) 140859 (December 2015) (State can’t ignore
discovery notice)
 
People v. Moravec, 2015 IL App (1st) 133869 (November 2015) (DUI sanctions
UPHELD)
 
People v. Kladis, 2011 IL 110920 (DUI evidence suppressed after video is destroyed)
 
People v. Aronson, 408 Ill.App.3d 946 (2011) (failure to make a copy is a sanctionable)
 
People v. Strobel, 2014 IL App (1st) 130300 (June 2014) (no discovery violation occurred here so it was error to impose a discovery sanction)
 
People v. Olsen, 2015 IL App (2d) 140267 (June 2015) (error for the trial judge to
suppress evidence due to a purported discovery violation)
 
People v. Moises, 2015 IL App (3d) 140577 (August 2015) (trial court’s decision to grant a discovery sanction is reversed because there was no discovery violation when officer did not record the FST)
 
Probable Cause
 
Navarette v. California, 134 S.Ct. 1683 (2014) (anonymous 911 call justifies traffic stop)
 
People v. Anderson, 2013 IL App (2d) 121346 (October 2014)
 
People v. Butorac, 2013 IL App (2d) 110953 (December 2014) (officers may board a
boat to enforce registration requirements)
 
People v. Cummings, 2014 IL 115769 (March 2014)
 
People v. Gonzalez­Carrera, 2014 IL App (2d) 130968 (September 2014)
 
People v. Timmsen, 2014 IL App (3d) 120481 (July 2014) (it’s ok to avoid a traffic roadblock so long as you don’t break any other traffic laws)
 
People v. Santovi, 2014 IL App 2014 IL App (3d) 130075 (May 2014) (no pc to arrest defendant before cop yells at the women and orders her to open the bathroom door or he’ll kick it down)
 
People v. Taiwo, 2015 IL App (3d) 140105 (April 2015) (proper to stop a car for a lane infraction when the cop had a hunch the car was connected to an accident he was
investigating)
 
Rescissions & Suspended DLs
 
People v. Elliott, 2014 IL 115308 (January 2014) (recession only acts prospectively and
has no retroactive effect, thus rescinding a suspension will not undue convictions based
on that suspension)
 
People v. Smith, 2013 IL App (2d) 121164 (November 2013) (DWLS can’t be revoked)
 
People v. Clayton, 2014 IL App (4th) 130340 (March 2014) (even if
notice was tampered with by the cop defendant had actual notice of his pending suspension)
 
People v. Gaede, 2014 IL App (4th) 130346 (November 2014) (defendant withdrew his consent and implied consent statute found constitutional)
 
People v. Morales, 2015 IL App (1st) 131207 (January 2015) (suspension reinstated defendant received proper notice from the police on the day of his arrest and had more than ample opportunity to challenge the suspension in court)
 
People v. McLeer, 2015 IL App (2d) 140526 (February 2015) (officer amends the report after it was issued, suspension stands because SOS had enough information that the
notice was given)
 
People v. Gutierrez, 2015 IL App (3d) 140194 (July 2015) (A PBT test is not a
statement, thus, the officer’s DL suspension is proper)
 
Blood & BAC
 
People v. Wuckert, 2015 IL App (2d) 150058 (December 2015) (625 ILCS 5/111­501.4
trumps hospital policy that the results should not be used for legal purposes)
 
People v. Armer, 2014 IL App (5th) 130342 (October 2014) (warrantless blood draw
suppressed when not done with consent nor under exigent circumstances)
 
People v. Harris, 2015 IL App (4th) 140696 (May 2015) (consensual blood draws ok)
 
People v. Weidner, 2014 IL App (5th) 130022 (March 2014) (no error to wipe
defendant’s arm with an alcohol wipe before hospital took his blood)
 
People v. Hutchinson, 2013 IL App (1st) 1023332 (November 2013) (no error in
admitting report of lab results as a business record)
 
People v. Harris, 2014 IL App (2d) 120990 (May 2014) (state had problems showing the
breathalyzer was certified)
 
People v. Eagletail, 2014 IL App (1st) 130252 (December 2014) (logbook and printout
admissible even though printout was made years after the breath test)
 
People v. Chiaravalle, 2014 IL App (4th) 140445 (December 2014) (officer made a
continuous observation even though he may have had his back to the defendant from
time to time)
 
People v. Thomas, 2014 IL App (2d) 130660 (May 2014) (speedy trial violated when
police waited to issue BAC citation they already knew what the hospital blood BAC was)
 
People v. Torruella, 2015 IL App (2d) 141001 (August 2015) (no error here when the
trial judge accepted calibration records of the breathalyzer as a business record and no
error when the court disregarded the defense expert’s testimony)
 
People v. Smith, 2015 IL App (1st) 122306 (August 2015) (state failed to establish that
the machine was properly certified within the 62 day window required by the
regulations)
 
Evidence
 
People v. Blakey, 2015 IL App (3d) 130719 (November 2015) (prior inconsistent
statement in this DUI huffing case was admitted in error)
 
People v. Phillips, 2015 IL App (1st) 131147 (October 2015) (defendant blew under .08
and attacked that the officer’s opinion he was intoxicated)
 
People v. Way, 2015 IL App (5th) 130096 (September 2015) (proximate cause defense,
error to deny the defendant a chance to defend her aggravated DUI by arguing that the
cannabis in her system did not contribute to the accident)
 
People v. King, 2014 IL App (2d) 130461 (November 2014) (officer can testify to how
defendant acted during instructions of HGN even though the results themselves not
admitted)
 
People v. O’Donnell, 2015 IL App (4th) 130358 (March 2015) (officer committed error
when she testified it was her belief that Defendant was lying to her at the scene of the
one car accident and that he was showing deception
 
People v. Kathan, 2014 IL App (2d) 121335 (August 2014) (a drug driving case with an
admission, bad driving and impairment leads to guilt)
 
People v. Morris, 2014 IL App (1st) 130512 (July 2014) (actual physical control
established when defendant passed out in front seat of parked car, the ignition off, the
driver’s side door open, and keys in his right hand)
 
Sentence
 
People v. Lake, 2015 IL App (3d) 140031 (April 2015) (9 year sentence for aggravated
DUI Death conviction upheld; it was not excessive; defendant was racing a horse)
 
People v. Rennie, 2014 IL App (3d) 130014 (May 2014) (16 year olds 6 year sentence
for aggravated DUI upheld she had weed in her system when motorcyclist died in an
accident)
 
People v. Stutzman, 2015 IL App (4th) 130889 (August 2015) (defendant inappropriately plead guilty to reckless homicide and aggravated DUI in violation of one
act one crime principles)
 
People v. Mischke, 2014 IL App (2d) 130318 (December 2014) (enhancement to a Class 2 felony occurs whenever a defendant has two prior convictions for any form of DUI, not just aggravated DUIs)
 
People v. Guillen, 2014 IL App (2d) 131216 (November 2014) (misdemeanor plea dismissed after defendant plead guilty and double jeopardy did not attach during the sentencing hearing)
 
Miscellaneous
 
People v. McGuire, 2015 IL App (2d) 131266 (December 2015) (section 11­501(a) of the Vehicle Code does not govern the operation of a watercraft)
 
People v. Hasselbring, 2014 IL App (4th) 131128 (November 2014) (defendant was a biker riding with friends when a friend hit his tire and died there was an error in an answer to a jury instruction)
 
Village of Bull Valley v. Zeinz, 2014 IL App (2d) 140053 (September 2014) (local
conviction for DUI reversed because the village failed to prove that it happened in their
jurisdiction)

Utah trooper accused of making false DUI arrests The officer, once praised for her knack for finding drunk drivers, is out of a job and facing lawsuits

 

SALT LAKE CITY — During her 10 years as a Utah state trooper, Lisa Steed built a reputation as an officer with a knack for nabbing drunken motorists in a state with a long tradition of teetotaling and some of the nation’s strictest liquor laws.

Steed used the uncanny talent — as one supervisor once described it — to garner hundreds of arrests, setting records, earning praise as a rising star and becoming the first woman to become trooper of the year.

Today, however, Steed is out of work, fired from the Utah Highway Patrol, and she — and her former superiors — are facing a lawsuit in which some of those she arrested allege she filed bogus DUI reports.

“If we don’t stand up to Lisa Steed or law enforcement, they just pull people over for whatever reason they want,” said attorney Michael Studebaker.

Steed declined to comment, but her attorney Greg Skordas said she denies the allegations. She is trying to get her job back.

The people snared by Steed say the arrests disrupted their lives and were costly to resolve.

Michael Choate, a now-retired aircraft logistics specialist at Hill Air Force Base, said he nearly lost his security clearance and job.

Steed stopped him because he was wearing a Halloween costume and booked him even though three breathalyzers tests showed no alcohol in his system. Choate said he spent $3,800 and had to take four days off of work to get his DUI charged dismissed.

The 49-page lawsuit includes two defendants, but Studebaker said dozens of others are lined up and willing to tell their stories. He said they are requesting the lawsuit be broadened into a class action lawsuit.

Every one of her DUI stops back to at least 2006 should be under suspicion, he said, adding that could be as many as 1,500 people.

The lawsuit, filed in December, also accuses the Utah Highway Patrol of ignoring Steed’s patterns of higher-than-normal DUI bookings and waited too long to take her off patrol. The agency declined to comment.

Steed joined the agency in 2002, and during her first five years, she earned a reputation as a hard-worker whose efficiency led to high arrest totals. By the time she ascended to trooper of the year in 2007, she was held up as one of the agency’s top stars.

In 2009, Steed became a member of the DUI squad. Her 400 DUI arrests that year were thought to be a state record, and more than double the number made by any other highway trooper. She earned special recognition at the state Capitol.

“With her training and experience, it’s second nature for her to find these people who are driving under the influence of drugs or alcohol,” her DUI squad boss at the time, Lt. Steve Winward, told the Deseret News.

During a ride-along with the newspaper, Steed said it was simply a “numbers game,” noting that one in every 10 drivers stopped for a violation is driving impaired. “It’s a lot of hard work, but you make a ton of stops, and you’re going to run into them,” she said.

Steed’s career, however, turned. In 2012, while on the stand in a DUI court case, Steed acknowledged purposely leaving her microphone in her patrol car so that superiors wouldn’t know she was violating agency policy.

By April 2012, her credibility had come into question so much that a prosecutor said he would no longer prosecute DUIs if Steed’s testimony was the only evidence.

In October, the Salt Lake Tribune obtained a memo written in May 2010 in which Utah Highway Patrol Sgt. Rob Nixon flagged Steed’s “pattern” of questionable DUI arrests. He wrote that the bulk of Steed’s arrestees had no signs of “impairing drugs” in their systems.

The memo said she based most of her arrests on signs of impairment such as dilated pupils and leg and body tremors.

Steed was taken off road patrol in April 2012 and fired in November. She was accused of violating department policies, falsifying police reports and using questionable practices when making DUI arrests.

The lawsuit is based on two defendants: Thomas Romero and Julie Tapia.

Romero was stopped after Steed said he was swerving, according to the lawsuit. After Romero said he wasn’t drinking, Steed gave him a roadside sobriety test anyway. She booked him for DUI even though his blood alcohol content was 0.00. Charges were dismissed.

Tapia went to pick up her ex-husband, who had been drinking. Steed approached Tapia as she got out of her car at her house, saying Tapia had been speeding, the lawsuit said. Steed said she could smell alcohol, and Tapia told her it was coming from her ex-husband.

Tapia was arrested for a DUI; her ex-husband for public intoxication. Tapia’s blood test showed no alcohol. Charges were dropped.

Choate, who hopes to join the lawsuit, said the entire agency should be held responsible for the damage Steed caused to him and others. “They let her get away with it for a long time,” he said.

Secret police? Virginia considers bill to withhold all officers’ names.

Secret police? Virginia considers bill to withhold all officers’ names.

Virginia debates whether to make names of officers private

Virginia’s House is considering a bill that would make all names of police officers and fire marshals “personnel records,” exempting them from mandatory disclosure under the state’s freedom of information law. (Ashleigh Joplin/The Washington Post)

It started with a reporter’s attempt to learn whether problem police officers were moving from department to department. It resulted in legislation that is again bringing national scrutiny to the Virginia General Assembly: a bill that could keep all Virginia police officers’ names secret.

In a climate where the actions of police nationwide are being watched as never before, supporters say the bill is needed to keep officers safe from people who may harass or harm them. But the effort has drawn the attention of civil rights groups and others who say police should be moving toward more transparency — not less — to ensure that troubled officers are found and removed.

If it is made law, experts say the restriction would be unprecedented nationwide.

The Virginia Senate has already approved Senate Bill 552, which would classify the names of all police officers and fire marshals as “personnel records,” exempting them from mandatory disclosure under the state’s freedom of information law. The Republican-dominated Virginia House will consider the bill in hearings starting Thursday. Gov. Terry McAuliffe (D) has not taken a position on the bill yet, his spokesman said.

State Sen. John A. Cosgrove Jr. (R-Chesapeake) — citing that he knew many police officers and their families — said: “The culture is not one of respect for law enforcement anymore. It’s really, ‘How, how can we get these guys? What can we do?’ . . . Police officers are much more in jeopardy. There’s no nefarious intent behind the bill.”

Pushback has been strong. “To say every officer’s name ought to be confidential,” said Claire Gastañaga, executive director of the American Civil Liberties Union of Virginia, “is just a step too far in government secrecy. We are dangerously close to a police state in some respects.” She said shootings and attacks on police are rarely committed by anyone using public records.

Although other states have made moves to shield the identities of some officers, none would go as far as the proposal in Virginia.

In Oregon, the state House passed a bill last week allowing the name of an officer involved in a police shooting to be withheld for 90 days if a judge finds there is a credible threat to the officer. This followed the killing of a protester from the Malheur National Wildlife Refuge, held by armed occupiers for more than a month this year. And the Pennsylvania House passed a bill in November mandating the withholding the name of an officer involved in a shooting while the investigation is pending — which would be a change from the Philadelphia Police Department’s policy of releasing the name within three days.

Kevin Carroll, president of the Virginia Fraternal Order of Police union, said he knew of one instance when a citizen had taken an officer’s name and committed financial fraud, adding that the potential existed in other cases for danger to an officer’s family. “This is not about trying to keep information from the public, to have secret police,” Carroll said.”But it is about wanting to keep our officers safe.”

Carroll said: “With the current trend across the country, law enforcement officers have been attacked and even assassinated because of issues being driven in the media. . . . With technology now, if you have a name, you could find out where they live. It puts them at risk.”

Completely withholding officers’ names from the public is a new step nationally, according to Dan Bevarly, interim executive director of the National Freedom of Information Council. “Usually legislation is related to a specific incident, but not as a preventive measure,” he said. “To do such a blanket exemption for a high-profile government employee, what are you trying to accomplish?”

John Worrall, a criminology professor at the University of Texas at Dallas specializing in policing in legal issues, said that in his review of state freedom of information laws, “none that I’ve found have gone to this extreme. In fact, the opposite is occurring” in many states, Worrall said, with more governments and police agencies posting information promptly about police-involved shootings.

Although police supporters fear the use of publicly available records against them, “that’s largely based on a total lack of data,” Worrall said. “There’s no data on retaliatory actions against police officers. And even if the problem exists, I’m not convinced that hiding their names is the solution.”

Worrall and others noted that keeping officers’ names secret seems to conflict with the idea of community policing and building trust with citizens. “I don’t know how you have community policing,” Gastañaga said, “when nobody knows your name.”

Should the Virginia bill become law, the practical implications still aren’t clear. Some worry it would allow an officer who pulls over a driver, or stops someone in the street, to refuse to provide his or her name. Officers’ names would still appear on traffic tickets or court documents.

Police would still have the discretion to release any officer’s name if they wanted, and police officials said they would not withhold names without specific reasons. Fairfax County Police Chief Edwin C. Roessler Jr. said he and the Fairfax County Board of Supervisors remains “committed to increasing our transparency.” He said that officers would never be removing their names from their uniforms, as some have suggested the bill would allow, and that he would withhold a name only to protect a particular officer’s safety or the sanctity of an ongoing investigation. Fairfax police waited 16 months to release the name of the officer who shot an unarmed Springfield man, John Geer, in 2013. The release came only after a judge ordered it.

Dana Schrad, executive director of the Virginia Association of Chiefs of Police, said police in the commonwealth already have the option to withhold names, and Cosgrove’s bill merely codifies that discretion. She and Carroll, the police union president, both noted that 1,500 Virginia state employees had fraudulent tax returns filed last year, which officials think originated with an online database of employee names and salaries.

“We do not expect this to be abused,” said Schrad, who sent an email to state police chiefs saying: “We caution all of our agencies to use discretion in exercising this exemption. In order to build a trust relationship with communities, agencies should make sure that the communities know who their officers are. This exemption should only be exercised when trying to protect the identity of an undercover officer or when protecting the integrity” of an internal affiars investigation.

Schrad and Carroll helped launch the bill after the Virginian-Pilot newspaper and the state Department of Criminal Justice Services reached an agreement last summer for the state to release the names, agencies and dates of employment of every law enforcement officer in Virginia. Schrad opposed the release because she said the database was old and inaccurate, saying that providing the mass data was her chief reason for pursuing the bill.

Virginian-Pilot reporter Gary Harki said he wanted to check tips he had received that officers who were fired from one department were simply rejoining a police force elsewhere, similar to the reporting done by the Boston Globe on reassignment of pedophilic Catholic priests in Massachusetts. The newspaper negotiated an agreement with the state to obtain the names of only current officers, not to publish the entire database or share it with anyone, and to indemnify the state from any legal claims.

After the agreement was signed, Schrad and Carroll objected, and the state changed its mind. No deal. But the state failed to cite a legal exemption for its refusal in the required time under the state Freedom of Information Act, and a Norfolk judge ruled that the data had to be given to Harki. The judge also ruled that police names are personnel records that can be exempt under FOIA, but he said the state had already agreed to release them. The ruling at the circuit-court level does not have the weight of legal precedent and so Schrad and Carroll sought to put it into law.

“The public has a right to know who their police officers are,” Harki said. “To me, it’s just a fundamental principle of democracy [to know] who our public officials are.” He said that the database he got was “just a piece of a larger puzzle to a problem that may or may not exist” and that he hasn’t published anything about it since the Virginian-Pilot won the court ruling in November.

When Harki worked as a reporter in West Virginia, a similar investigation of troubled officers moving between departments resulted in legislation adding oversight to the movement of officers.

Megan Rhyne of the Virginia Coalition for Open Government noted that many public servants take actions that could anger citizens — prosecutors, social service workers, judges — but their names remain public. She also said that withholding names would result in a lack of accountability for a variety of unsavory acts, such as profligate spending or hiring friends and family, actions that often are caught only when names are linked to illegal deeds.

The bill is scheduled for a hearing Thursday afternoon before a subcommittee of the House General Laws Committee, chaired by Del. James M. LeMunyon (R-Fairfax). He declined to offer his views on the bill, but he said if it passed, it would be heard again next Thursday before the entire committee, then possibly sent to the full House.

Trial set for Fox Lake woman shot by McHenry County Sheriff’s deputies

Trial set for Fox Lake woman shot by McHenry County Sheriff’s deputies

Police: 55-year-old pointed assault rifle at them after making suicidal statements

WOODSTOCK – A Fox Lake woman who was shot in the neck by McHenry County Sheriff’s deputies after she allegedly made suicidal statements and pointed an assault rifle at them will face a jury trial in July.

Elizabeth Kloss, 55, will go before a jury on July 25, a McHenry County judge ordered Wednesday. She is charged with aggravated assault of a police officer, a Class 4 felony that typically carries a sentence of one to four years in prison.

She also is charged with possession of a firearms and ammunition without a valid FOID card, all Class A misdemeanors.

The charges stem from an incident on July 20, 2014, in which three sheriff’s deputies and a sergeant responded to the 7400 block of Boston Avenue in unincorporated Wonder Lake for the report of a suicidal subject.

Police at the time said Kloss pointed an assault rifle at the deputies. The gun belonged to the woman’s boyfriend and was not loaded, police said.

Police then fired seven rounds at Kloss, hitting her once in the neck, according to a civil lawsuit she has filed in U.S. District Court in Chicago in July 2015. Kloss was taken to Advocate Condell Medical Center in Libertyville in critical condition.

She was charged Oct. 8 as she was being released from the hospital, according to her civil suit. She has been free on $1,000 bond since the day she was charged.

As the criminal cases against her proceed, the civil suit Kloss filed against several deputies, former Sheriff Keith Nygren and McHenry County is pending.

The suit claims the department and deputies did not have the proper training, equipment and approach to handle Kloss, who had a history of depression, domestic violence and suicide attempts. Kloss is seeking an undisclosed amount of damages based on claims officers used excessive force and malicious prosecution, among other things.

Before trial on criminal charges, Kloss is due in front of McHenry County Judge Michael Feetterer for a status hearing July 8.

Antioch Township woman was sentenced to 12 years in prison for setting her then-boyfriend on fire

An Antioch Township woman was sentenced to 12 years in prison for setting her then-boyfriend on fire in May 2015.

Deborah Roberts, 34, pleaded guilty to one count of aggravated battery in front of Judge George Strickland, Assistant State’s Attorney Danielle Pascucci said Tuesday.

Roberts will have to serve 85 percent of the sentence before being eligible for parole, Strickland said. She received 275 days credit for time she served in Lake County jail.

Had Roberts been found guilty at trial, she could have been sentenced to up to 45 years in prison on that charge, Strickland said.

Prosecutors dropped charges of attempted murder, a second count of aggravated battery, and three counts of aggravated domestic battery in exchange for the negotiated plea agreement, Strickland said.

Roberts and boyfriend Chad Malinowski, 43, were in an argument on the front porch of the house they shared on the 25000 block of Golfview Avenue at 7:27 p.m. on May 17, when she kicked him in the right hip, authorities said.

The kick sent Malinowski tumbling down a five-foot flight of stairs in a fall that shattered his heel, authorities said.

Roberts told police she kicked Malinowski after he spit on her, authorities said. Both had been drinking before the fight began, authorities said.

At the bottom of the stairs, Roberts grabbed a red plastic gasoline can and repeatedly bludgeoned Malinowski with it, authorities said.

Roberts told police she pulled out a lighter and flicked the top of it a threatening manner, authorities said. However, gasoline that had spilled on Malinowski during the attack ignited.

Authorities said a witness heard Roberts say, “I hope you burn,” as she flicked the lighter.

Roberts told police that after the fire started, she grabbed a hose and tried to put out the flames while Malinowski stumbled to the middle of the yard. However, authorities said Roberts poured more gasoline on Malinowski when he tried to put out the flames.

Malinowski was taken to Advocate Condell Medical Center in Libertyville, then to a burn unit at Columbia St. Mary’s Hospital in Milwaukee. He survived the attack.

New Cases in Illinois January 2016

New Cases in Illinois January 2016
 
People v. Lerma
Illinois Supreme court acknowledges that eyewitness identification experts have their place in Illinois criminal trials.
 
People v. Cummings
Asking for a driver’s license in a lawfully initiated stop is always reasonable because identifying the driver is within the scope of every traffic stop.
 
People v. Mpulamasaka
In this sex case, the prosecutor was found to have committed prosecutorial misconduct when he argues from the witness stand, attacks the character of the defendant, criticizes the cross examination of the victim by counsel, and persistently tells the jury that the victim was mentally handicapped even though the evidence in the case did not reveal any mental infirmities.
 
People v. Chambers
“John Doe” warrants do not preclude a Frank’s Hearing. A defendant may challenge the veracity of an officer who drags a criminal informant before a warrant judge.
 
People v. Thompson
An officer may provide lay person opinion testimony that the accused is the person depicted in surveillance video images.
 
People v. Williams
The double drug enhancement in the drug act is inconsistent with the code of corrections. Therefore, the double drug enhancement cannot be applied when the code of corrections is applicable.
 
People v. Tolbert
The part of the AUUW section that prevents liability when the accused is “on the land or in the legal dwelling of another person as an invitee” is an affirmative defense that must be proven by the state only when the issue is appropriately brought up.
 
People v. Clendenny
There is a difference between being placed on a county wide organized form of work release and being placed on normal probation with permission to be released to go to work. One has a 12 month restriction the other does not.
 
People v. Pike
In DNA cases, a random match probabilities of 50% is inherently prejudicial and should never be admitted. Go to case.
People v. Wright
Driving a defendant to the location of his girlfriend’s arrest was an interrogation tactic, thus defendant’s statement was suppressed.
 
People v. Gempel
The premature arrest of the murder defendant was followed up by persistently ignoring his request for an attorney, so “no” the taint of the illegal arrest was not attenuated sufficiently to admit his confession. Defendant’s statement was suppressed.

Illinois DUI Case List

Illinois DUI Case List Expert Witnesses People v. Jones, 2015 IL App (1st) 121016 (04/22/2015) (“foundational element” used to strike a state firearms expert witness) People v. Safford, 392 Ill. App. 3d 212, 221 (2009) (court said that the admission of an expert’s testimony requires an adequate reliability foundation) People v. McKown, 236 Ill.2d 278 (2010) (HGN foundations case but see King below) People v. Floyd, 2014 IL App (2d) 120507 (March 2014) (retrograde extrapolation based on a single breath test is more speculation than science) Soto v. Gaytan, 313 Ill. App. 3d 137 (2000) (another case that talks about a foundational element) People v. Negron, 2012 IL App (1st) 101194 (2012) (another case that allows a fingerprint expert to testify but discusses Safford’s foundations test) Discovery Sanctions People v. Tsiamas, 2015 IL App (2d) 140859 (December 2015) (State can’t ignore discovery notice) People v. Moravec, 2015 IL App (1st) 133869 (November 2015) (DUI sanctions UPHELD) People v. Kladis, 2011 IL 110920 (DUI evidence suppressed after video is destroyed) People v. Aronson, 408 Ill.App.3d 946 (2011) (failure to make a copy is a sanctionable) People v. Strobel, 2014 IL App (1st) 130300 (June 2014) (no discovery violation occurred here so it was error to impose a discovery sanction) People v. Olsen, 2015 IL App (2d) 140267 (June 2015) (error for the trial judge to suppress evidence due to a purported discovery violation) People v. Moises, 2015 IL App (3d) 140577 (August 2015) (trial court’s decision to grant a discovery sanction is reversed because there was no discovery violation when officer did not record the FST) Probable Cause Navarette v. California, 134 S.Ct. 1683 (2014) (anonymous 911 call justifies traffic stop) People v. Anderson, 2013 IL App (2d) 121346 (October 2014) People v. Butorac, 2013 IL App (2d) 110953 (December 2014) (officers may board a boat to enforce registration requirements) People v. Cummings, 2014 IL 115769 (March 2014) People v. Gonzalez­Carrera, 2014 IL App (2d) 130968 (September 2014) People v. Timmsen, 2014 IL App (3d) 120481 (July 2014) (it’s ok to avoid a traffic roadblock so long as you don’t break any other traffic laws) People v. Santovi, 2014 IL App 2014 IL App (3d) 130075 (May 2014) (no pc to arrest defendant before cop yells at the women and orders her to open the bathroom door or he’ll kick it down) People v. Taiwo, 2015 IL App (3d) 140105 (April 2015) (proper to stop a car for a lane infraction when the cop had a hunch the car was connected to an accident he was investigating) Rescissions & Suspended DLs People v. Elliott, 2014 IL 115308 (January 2014) (recession only acts prospectively and has no retroactive effect, thus rescinding a suspension will not undue convictions based on that suspension) People v. Smith, 2013 IL App (2d) 121164 (November 2013) (DWLS can’t be revoked) People v. Clayton, 2014 IL App (4th) 130340 (March 2014) (even if notice was tampered with by the cop defendant had actual notice of his pending suspension) People v. Gaede, 2014 IL App (4th) 130346 (November 2014) (defendant withdrew his consent and implied consent statute found constitutional) People v. Morales, 2015 IL App (1st) 131207 (January 2015) (suspension reinstated defendant received proper notice from the police on the day of his arrest and had more than ample opportunity to challenge the suspension in court) People v. McLeer, 2015 IL App (2d) 140526 (February 2015) (officer amends the report after it was issued, suspension stands because SOS had enough information that the notice was given) People v. Gutierrez, 2015 IL App (3d) 140194 (July 2015) (A PBT test is not a statement, thus, the officer’s DL suspension is proper) Blood & BAC People v. Wuckert, 2015 IL App (2d) 150058 (December 2015) (625 ILCS 5/111­501.4 trumps hospital policy that the results should not be used for legal purposes) People v. Armer, 2014 IL App (5th) 130342 (October 2014) (warrantless blood draw suppressed when not done with consent nor under exigent circumstances) People v. Harris, 2015 IL App (4th) 140696 (May 2015) (consensual blood draws ok) People v. Weidner, 2014 IL App (5th) 130022 (March 2014) (no error to wipe defendant’s arm with an alcohol wipe before hospital took his blood) People v. Hutchinson, 2013 IL App (1st) 1023332 (November 2013) (no error in admitting report of lab results as a business record) People v. Harris, 2014 IL App (2d) 120990 (May 2014) (state had problems showing the breathalyzer was certified) People v. Eagletail, 2014 IL App (1st) 130252 (December 2014) (logbook and printout admissible even though printout was made years after the breath test) People v. Chiaravalle, 2014 IL App (4th) 140445 (December 2014) (officer made a continuous observation even though he may have had his back to the defendant from time to time) People v. Thomas, 2014 IL App (2d) 130660 (May 2014) (speedy trial violated when police waited to issue BAC citation they already knew what the hospital blood BAC was) People v. Torruella, 2015 IL App (2d) 141001 (August 2015) (no error here when the trial judge accepted calibration records of the breathalyzer as a business record and no error when the court disregarded the defense expert’s testimony) People v. Smith, 2015 IL App (1st) 122306 (August 2015) (state failed to establish that the machine was properly certified within the 62 day window required by the regulations) Evidence People v. Blakey, 2015 IL App (3d) 130719 (November 2015) (prior inconsistent statement in this DUI huffing case was admitted in error) People v. Phillips, 2015 IL App (1st) 131147 (October 2015) (defendant blew under .08 and attacked that the officer’s opinion he was intoxicated) People v. Way, 2015 IL App (5th) 130096 (September 2015) (proximate cause defense, error to deny the defendant a chance to defend her aggravated DUI by arguing that the cannabis in her system did not contribute to the accident) People v. King, 2014 IL App (2d) 130461 (November 2014) (officer can testify to how defendant acted during instructions of HGN even though the results themselves not admitted) People v. O’Donnell, 2015 IL App (4th) 130358 (March 2015) (officer committed error when she testified it was her belief that Defendant was lying to her at the scene of the one car accident and that he was showing deception People v. Kathan, 2014 IL App (2d) 121335 (August 2014) (a drug driving case with an admission, bad driving and impairment leads to guilt) People v. Morris, 2014 IL App (1st) 130512 (July 2014) (actual physical control established when defendant passed out in front seat of parked car, the ignition off, the driver’s side door open, and keys in his right hand) Sentence People v. Lake, 2015 IL App (3d) 140031 (April 2015) (9 year sentence for aggravated DUI Death conviction upheld; it was not excessive; defendant was racing a horse) People v. Rennie, 2014 IL App (3d) 130014 (May 2014) (16 year olds 6 year sentence for aggravated DUI upheld she had weed in her system when motorcyclist died in an accident) People v. Stutzman, 2015 IL App (4th) 130889 (August 2015) (defendant inappropriately plead guilty to reckless homicide and aggravated DUI in violation of one act one crime principles) People v. Mischke, 2014 IL App (2d) 130318 (December 2014) (enhancement to a Class 2 felony occurs whenever a defendant has two prior convictions for any form of DUI, not just aggravated DUIs)

’Reasonable Suspicion’ enough for traffic stop

Supreme court: ’reasonable suspicion’ enough for traffic stop

“Reasonable suspicion,” not the more exacting “probable cause,” is threshold requirement for an investigatory traffic stop, the Illinois Supreme Court held in a recent DUI ruling.

In overturning a trial court’s order to suppress evidence in a Will County DUI case, the Illinois Supreme Court determined that a traffic stop was proper when the arresting officer witnessed the driver making slight deviations from his lane of traffic.

The trial court had granted the defendant’s motion to suppress based on arguments that the evidence of his insobriety and suspended license was the “fruit of an unlawful search,” and a divided appellate court affirmed that ruling. According to the high court’s opinion, the defendant argued that the officer lacked “probable cause” and therefore had no proper grounds to make the traffic stop.

In People v. Hackett, 2012 IL 111781, a unanimous supreme court overturned the appellate and trial court decisions and remanded the case for a trial based on evidence stemming from what the court held to be a justified “investigatory stop” of defendant’s vehicle. Reasonable suspicion, not probable cause, is the proper standard for an investigatory traffic stop, the high court held.

Assistant Appellate Defender Kerry Bryson said there was obviously some doubt in the minds of the trial judge and appellate panel about what justified pulling over a driver and investigating him and his vehicle.

“To the extent there might have been any question about that, the [supreme] court has made it clear that there shouldn’t be,” said Bryson, who did not handle this case. “To the extent that this is a concern, what clients ought to know moving forward is if they’re going to challenge the stop, the proper standard is…was there reasonable suspicion.”

‘[M]omentary crossings’ can justify stop

In affirming the motion to suppress, the appellate court relied on People v. Smith, 172 Ill.2d 289 (1986), in which a driver was convicted after driving in and out of multiple lanes of traffic for a “reasonably appreciable distance.” The appellate court distinguished Smith from the case at hand, stating that Hackett made only “momentary crossings” of a highway lane line and therefore the officer lacked reasonable grounds to make a stop.

The supreme court rejected the notion that the distance or length of time of the lane deviations made any difference in the enforcement of a statute that prohibits any improper lane usage.

“Although this court in Smith…mentioned the measure of defendant’s deviation into an adjacent lane and the distance he travelled therein, nothing in this court’s analysis indicated either was significant to the outcome,” Justice Karmeier wrote for the court in Hackett.

In this opinion, the supreme court’s analysis focused on “the loose terminology the parties and lower courts in this case have used with reference to the standards applicable to the fourth amendment issue presented for our consideration. The question we agreed to address…is ‘whether the appellate court erroneously found there was no reasonable suspicion for a traffic stop where the uncontested testimony showed defendant swerved twice across a lane divider of traffic.'”

The court explained that vehicle stops are subject to the Fourth Amendment’s “reasonableness requirement,” and the decision to stop a vehicle usually requires probable cause for an officer to believe that a traffic violation has occurred.

“However, as this court has observed, though traffic stops are frequently supported by ‘probable cause’…as differentiated from the ‘less exacting’ standard of ‘reasonable, articulable suspicion’ that justifies an ‘investigative stop,’ the latter will suffice for purposes of the fourth amendment irrespective of whether the stop is supported by probable cause,” the court wrote.

An opening for the defense?

Bryson said the Hackett case got interesting after the third district appellate court affirmed the motion to suppress “because it gave some support to challenging a traffic stop when there was just momentary drifting over the line.” But now it is clear that multiple deviations from a lane of traffic, even if slight in distance and time, are sufficient grounds for an investigative stop, she said.

“I think there’s a little more to it if you read [the Hackett decision] in depth,” Bryson added. “There has to be no reasonable explanation for the deviations” in order for an investigatory stop to be justified.

“If there is a reason for the deviation from the lane, then there might not have been reasonable, articulable suspicion to justify the stop,” Bryson said. “In some cases, there’s been no exploration of that aspect of the basis for the stop. I think that leaves this open as for what a defense attorney can be looking for as a way to challenge the stop.”

The supreme court bolstered its decision by pointing out that a police officer “can effect a lawful Terry stop without first ‘considering whether the circumstances he or she observed would satisfy each element of a particular offense.'”

Where, as in Hackett, a police officer observes multiple lane deviations for no apparent reason, an investigatory stop is proper, the court reasoned.

“For probable cause and conviction, there must be something more: affirmative testimony that defendant deviated from his proper lane of travel and that no road conditions necessitated the movement,” said the court. “An investigatory stop in this situation allows the officer to inquire further into the reason for the lane deviation, either by inquiry of the driver or verification of the condition of the roadway where the deviation occurred.”

Thousands of innocent Americans to prison

In 2013, Massachusetts state chemist, Annie Dookhan, pled guilty to falsifying the results of over 40,000 drug tests that ultimately sent thousands of innocent Americans to prison. It has been more than four years since Dookhan’s crimes were uncovered, and yet numerous people are still locked away because of her corruption, many of which have no idea she was the one who brought about their horrid fate.

Imagine being locked in a cell and knowing you’re innocent. Imagine how you’d feel as you watch the prime years of your life taken away from you — all because of a vicious government chemist, along with the low-IQ cops who willingly enforce the corrupt “war on drugs.”

Dookhan had intentionally forged signatures and tampered with evidence to further both her career, as well as many prosecutors who she had close relations with. She would also invent fanciful job titles for herself, such as “special agent of operations” and “on-call terrorism supervisor,” and would then testify in court as an “expert.”

Prosecutors adored Dookham, referring to her as being a part of their “dream team,” and even taking her out for drinks. In one email with a prosecutor, Dookham said she wouldn’t be able to give her “expert testimony,” to which the prosecutor replied, “No no no!!! I need you!!!”

An email provided by the Boston Globe shows the close friendship Dookhan had with one particular prosecutor by the name of George Papachristos:

“Glad we are on the same team,” he once wrote Dookhan — including one day in May 2010 when he told her he needed a marijuana sample to weigh at least 50 pounds so that he could charge the owners with drug trafficking.

“Any help would be greatly appreciated!” he wrote, punctuating each sentence with a long string of exclamation points. “Thank you!”

Two hours later, Dookhan responded: “OK . . . definitely Trafficking, over 80 lbs.” ­Papachristos thanked her profusely.

Dookhan had sent another email to Papachristos in which she told him she needed a man “to love me and make me laugh.” In other words, some of her victims went to prison because she had a crush on their prosecutor, and what an interesting prison story that makes; what are you in for? A hormonal chemist who was hoping to get laid.

Norfolk County District Attorney, Michael Morrissey, has been set on the task of reviewing thousands of files to determine who was wrongfully prosecuted.

“I don’t think anyone ever perceived that one person was capable of causing this much chaos,” Morrissey stated. “You can see the entire walls full of boxes… in one of these cardboard boxes, there could be hundreds of cases… in each box.”

What does Dookhan have to say for herself?

“I screwed up big time. I messed up. I messed up bad. It’s my fault. I don’t want the lab to get in trouble.”

After sending countless victims to prison, many of which have been behind bars for years, she was only given a three to five year sentence. Anthony Benedetti, chief counsel of the state public defender agency, stated:

“Sadly, the saga continues for the thousands of individuals who have borne the impact of Dookhan’s misdeeds, and the lab’s scandalous management.”

Forty Ways to Beat a DUI in Illinois

  1. ILLEGAL STOP OF PERSON OR VEHICLE – a driver cannot be stopped unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been violated. Similarly, a person cannot be seized unless a violation has occurred.
  2. WEAVING INSIDE THE LANES IS NOT ILLEGAL – weaving without crossing any lines is not a violation of the law, and a vehicle cannot be stopped for that reason.
  3. ANONYMOUS REPORT OF DRUNK DRIVING — a car cannot be stopped simply because an anonymous citizen reported that the driver was drunk.
  4. STANDARD FIELD SOBRIETY TESTING IS INACCURATE – in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests.
  5. NON-STANDARDIZED FIELD TESTS ARE INVALID –neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.
  6. BREATH TESTING IS INACCURATE – virtually all experts concede that one breath test alone is unreliable. The Illinois Supreme Court has remarked that breathalyzers are not foolproof. Finally, breath testing in Illinois is subject to various inaccuracies, including a +/- 12.5% variance, non-specificity for ethanol, etc.
  7. BOOKING ROOM VIDEOS – Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary.
  8. IN-SQUAD VIDEOS – more and more often, the suspect’s driving and performance on field tests is being recorded; often contradicting police testimony.
  9. FAILURE TO PROVIDE SPEEDY TRIAL – If a client is not provided with a trial within 120 to 160 days of demand, through delays of the court or prosecutor, the charges must be dismissed.
  10. POLICE BLOOD TEST INACCURATE – Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations.
  11. HOSPITAL BLOOD TEST INACCURATE – Hospital blood tests overestimate a person’s true level by as much as 25% in healthy, uninjured individuals, and are not statistically reliable in severely injured persons.
  12. BREATH TEST OPERATOR UNLICENSED – An Illinois Breath Test Operator must possess a valid, unexpired operator’s license, or the breath test result is inadmissible.
  13. BREATHALYZER MACHINE MALFUNCTIONS – if there is a malfunction or repair of the breath test instrument within 62 days before or after a suspect’s breath test, the results of the suspect’s test are presumed invalid.
  14. BREATH TEST OPERATOR LICENSE EXPIRED — An Illinois Breath Test Operator must possess an unexpired operator’s license, or the breath test result is inadmissible. Licenses expire automatically every 3 years.
  15. BREATH TEST DEVICE NOT APPROVED – A breath testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved list of Devices, or the results are inadmissible.
  16. FAILURE TO PROVE DRIVING – a defendant’s admission to driving, without more, does not prove a charge of driving under the influence.
  17. INDEPENDENT WITNESSES – often times, independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendant’s sobriety.
  18. FAILURE TO MIRANDIZE – prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings.
  19. FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED – according to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication.
  20. OFFICER’S PRIOR DISCIPLINARY RECORD – a police officer’s previous disciplinary record can be used to attack the officer’s credibility.
  21. PORTABLE BREATH TEST INADMISSIBLE – Illinois law prohibits the use of portable breath testing results as evidence at trial in a DUI case.
  22. PORTABLE BREATH TEST IMPROPERLY ADMINISTERED – The manufacturers of portable breath testing devices require a minimum of two tests to consider the results evidential in nature.
  23. FAILURE TO CONDUCT OBSERVATION PERIOD –Illinois requires that a driver be observed continuously for a minimum twenty minutes prior to a breath test in order for the results to be considered admissible and valid.
  24. EXPERT WITNESSES – Expert witnesses are available to review the validity of breath tests, blood tests and field sobriety tests.
  25. MEDICAL AND HEALTH PROBLEMS — Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results.
  26. BAD WEATHER – Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance.
  27. LACK OF PROBABLE CAUSE TO ARREST — A police officer must have specific and articulable facts to support any arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial.
  28. ILLEGAL SEARCH – the police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driver’s consent or probable cause. Any evidence illegally obtained is not admissible in court.
  29. PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS – any statement made by a police officer, verbally, in police reports, or at previous court proceedings may be used to attack that officer’s credibility.
  30. POST-DRIVING ABSORPTION OF ALCOHOL – the prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile.
  31. INTERFERING SUBSTANCES – many items contain forms of alcohol which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid.
  32. BREATH MACHINE NOT PROPERLY OPERATED – the manufacturers of breath testing devices have specified protocols which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings.
  33. FAILURES TO PRODUCE DISPATCH TAPES – most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request can cause all evidence which could have been recorded to be suppressed.
  34. MISLEADING STATEMENTS BY POLICE OFFICERS –Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the driver’s record.
  35. STATUTES OF LIMITATIONS – A misdemeanor charge of DUI must be filed within 18 months of the date of offense, or the charges will be dismissed outright.
  36. PRIVATE PROPERTY – a person who has not driven the car on a public highway cannot be suspended for drunk driving.
  37. FAILURE TO DISCLOSE EXPERTS – the failure of the prosecutor to disclose the state’s expert(s) will cause those witnesses to be barred from testifying against the defendant.
  38. LACTATE RINGERS – when hospital staff use lactate ringers during the treatment of a patient, the hospital blood serum results will report falsely elevated, and therefore invalid, readings.
  39. FAILURE TO RECORD CERTIFICATION TESTS – the failure to include the value of the simulator solution used to test breath machines will cause the breath test results to be inadmissible in court against the driver.
  40. BOOKING ROOM VIDEOS – Many police stations videotape the testing process. These tapes may establish that the testing procedure resulted in inaccurate or inadmissible tests due to burping, radio transmitters, and other improprieties.

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