Archive for July, 2009

Clark County Courthouse

Clark County Courthouse -- photo taken 7/20/09

Clark County Courthouse -- photo taken 7/20/09

Entrance

Visitors may enter through all sides of the courthouse.  The address of the Clark County Courthouse is 501 Archer, Marshall, IL 62441.

Courtroom Locations

There are two courtrooms in Clark County — courtrooms “1” and “2.”  Both of these courtrooms are located on the second floor of the courthouse.

Hours

The courthouse is open Monday through Friday from 8:00 a.m. to 4:00 p.m.

Jeremy Richey

Rescission 30 Days: Don’t Count Filing Date

Case NamePeople v. Riffice (.pdf)

Court: Appellate Court of Illinois, Third District

Date Decision Filed: 7/8/09

In this case, the defendant, on September 30, 2008,  filed a petition to rescind her statutory summary suspension.  The trial court held a hearing on the petition on October 30, 2008.  Depending on whether the filing date is counted, the hearing date was on either the 30th or 31st day after the defendant filed her rescission petition.  By statute, a rescission hearing must be held “[w]ithin 30 days after receipt of the written request [. . .].”  The appellate court relied on an earlier appellate-court decision (Second District) and ruled that the time period’s first day (the day of filing) does not count; the calculation of the 30-day period begins with the day following the filing date.  Accordingly, the trial court conducted a timely hearing in this case since the date of filing did not count towards the 30-day limit.  The trial court held the hearing on the 30th day.

Jeremy Richey

Don’t Delay Expungement

It is common for a person to call a lawyer and want the lawyer to immediately get the person’s past criminal case expunged.  Often, the potential client is seeking a promotion or new job and doesn’t want his criminal history to come back to haunt him.  It is also often the case that the person could have avoided the “emergency situation” by calling the lawyer long before the “emergency” arose.

Unfortunately, records cannot be expunged overnight.  It takes a lawyer time to evaluate a person’s eligibility.  It takes a lawyer time to draft and file the appropriate paperwork.  It takes time for the court process to occur.  It takes time for the appropriate governmental entities to expunge their records after a judge orders them to do so.  Since expungement is a slow process, a person should seek expungement the first day he is eligible for it and not when he needs it later down the road.

Waiting is also a bad idea because things can happen to cause a person to lose his eligibility for expungement (e.g., the person receiving a later ordinance-violation conviction).  Putting off petitioning for expungement can only hurt a person; it will not help him.

Jeremy Richey

Aggravated DUI & Causation

Case Name: People v. Johnson (.pdf)

Court: Appellate Court of Illinois, Fourth District

Date Decision Filed: 6/25/09

In this case, the defendant’s car collided with another car at an intersection.  As a result of the collision, one of the defendant’s passengers died and another received serious injuries.   When tested, the defendant had a BAC of .099.  He also had cannabinoid metabolites in his blood.

The statute applicable to the defendant’s case elevates a DUI to Aggravated DUI if death or great bodily harm occurs due to a vehicle crash and the DUI was a proximate cause of the death or great bodily harm.  A proximate cause is enough; there is no requirement that the DUI be the exclusive and immediate proximate cause.

Prior to the crash, the defendant had been racing with another vehicle.  Immediately before the crash, he went through a yellow light.  The defendant saw the vehicle that he hit, but he thought that the vehicle would stop.  One passenger in the defendant’s car “believed [the] defendant should have slowed down and stopped.”  The driver of the other car testified that he (the other driver) had a green light.  Despite this testimony, the light may have actually been red.

The defendant challenged the existence of proximate cause and the Appellate Court rejected the defendant’s challenge:

Considering [the] defendant’s impairment, along with his erratic driving in speeding down [the road], a reasonable person could foresee injury as a likely result of his conduct.  . . .  Evidence that [the other driver] may have run a red light does not negate [the] defendant’s actions as being a proximate cause of the victims’ injuries.  While [the] defendant’s actions were not the sole and immediate proximate cause of the victims’ injuries in this case, the evidence sufficiently established his actions were a proximate cause and satisfied the elements for a conviction of aggravated DUI.

Jeremy Richey

Cumberland County Courthouse

Cumberland County Courthouse -- photo taken 6/27/09

Cumberland County Courthouse -- photo taken 6/27/09

Entrance

Visitors must enter the courthouse from its east side.  Once inside, visitors must pass through security (security is not present every day).  The address of the Cumberland County Courthouse is 140 Courthouse Square, Toledo, IL.

Courtroom Locations

There are two courtrooms in this courthouse — one is located on the first floor and the other is located on the second floor.

Hours

The courthouse is open Monday through Friday from 8:00 a.m. to 4:00 p.m.

Jeremy Richey


BROUGHT TO YOU BY:
Jeremy J. Richey, Attorney at Law
© Jeremy J. Richey and The East Central Illinois Criminal Law & DUI Weblog, 2008-2012. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.