People v. Hanna

541 N.E.2d 737, 185 Ill. App. 3d 404, 133 Ill. Dec. 526, 1989 Ill. App. LEXIS 951
CourtAppellate Court of Illinois
DecidedJune 22, 1989
Docket5-87-0150
StatusPublished
Cited by8 cases

This text of 541 N.E.2d 737 (People v. Hanna) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Hanna, 541 N.E.2d 737, 185 Ill. App. 3d 404, 133 Ill. Dec. 526, 1989 Ill. App. LEXIS 951 (Ill. Ct. App. 1989).

Opinion

JUSTICE GOLDENHERSH

delivered the opinion of the court:

The people of the State of Illinois appeal from an order of the circuit court of Jackson County dismissing the driving under the influence (DUI) charges against defendants, Benjamin Hanna and William Lindsey, and rescinding the summary suspension of both defendants’ driving privileges. This court reverses and remands with directions.

The record reveals the following facts. On December 16, 1986, defendant Benjamin Hanna (Hanna) was given a ticket for the offense of DUI in violation of section 11 — 501 of the Illinois Vehicle Code (Code) (Ill. Rev. Stat. 1985, ch. 95V2, par. ll-501(a)(l)). The ticket stated that defendant was to appear in court on January 7, 1987. Accompanying the ticket was a notice that defendant’s license would be suspended because his blood-alcohol level was 18 and he nearly struck three pedestrians.

On December 21, 1986, defendant William Lindsey (Lindsey) was given a ticket for DUI in violation of section 11 — 501 of the Code (Ill. Rev. Stat. 1985, ch. 951/2, par. 11 — 501). The ticket stated that his appearance at court was set for January 7, 1987. The accompanying notice stated that defendant’s license would be summarily suspended because he refused to submit to a breath test. The notice also contained a statement by the arresting officer that he observed defendant driving the wrong way on a one-way street; defendant smelled of alcohol; and he failed a field sobriety test.

On January 7, 1987, both defendants appeared in court and the State filed a DUI information against each defendant. The court appointed the public defender to represent them and set the cases for trial on January 29, 1987. On January 22, Hanna filed a petition to rescind his summary suspension alleging lack of probable cause and that he was never properly placed under arrest for DUI.

Prior to the time their trial was to start, both defendants filed a motion to dismiss their informations on the ground that the traffic citations were not transmitted to the circuit court within 48 hours of their arrest pursuant to Supreme Court Rule 552 (107 Ill. 2d R. 552). The trial court granted the motions. The court noted that a photocopy of Hanna’s citation was filed on January 14, 1987. In the order granting Lindsey’s motion, the court noted that a photocopy of his citation was mailed on December 31,1986.

The record does not reveal whether the trial court acted on Hanna’s rescission petition. However, the clerk of the court sent notice to the Secretary of State stating that the trial court found that the summary suspension should be rescinded based on Supreme Court Rule 552. The clerk sent the same notice for Lindsey to the Secretary of State. However, Lindsey did not file a rescission petition and there is no record of the trial court rescinding the order.

The State appealed and filed with it a motion to supplement the record with documents from the Secretary of State’s office reflecting the notice of rescission sent by the circuit clerk. This court denied the motion to supplement because the documents were not part of the trial record and a judgment on this issue was not in the record. This court ordered the State to show cause why the appeal from the rescission of the summary suspension should not be dismissed.

The State subsequently filed a response to the order to show cause stating that a proposed nunc pro tunc order was sent to the trial court. The order reflected that the rescission of the suspensions was ordered. However, the trial court returned the proposed order unsigned with a notation stating, “The responsibility of preparing an accurate trial record transmittal on appeal is that of the trial attorney, not the Court.”

This court remanded the cause to the trial court for a Supreme Court Rule 329 hearing, which provides in part:

“Material omissions *** may be corrected *** by the trial court, either before or after the record is transmitted to the reviewing court ***.” (107 Ill. 2d Rules 329, 612(g).)

The trial court was to determine whether the suspension had been rescinded.

At the Rule 329 hearing, the trial court stated that it had “no independent recollection of whether or not the statutory summary suspension was rescinded or not, however, I have a pretty good idea that it was basically because there is no case.” The trial court eventually stated:

“I have entered an order and I have sent it to the Secretary of State ***. * * *
I hope that this record will be sufficient for the Appellate Court to know that the statutory summary suspension has, in fact, been rescinded ***.”

On February 29, 1988, this court dismissed the State’s appeal from the rescission of Hanna’s license because there was no order of rescission of record. In view of this court’s determination, the Secretary of State suspended Hanna’s driver’s license, effective on May 3, 1988.

Hanna filed a petition to rescind the suspension. The trial court held a hearing on the petition and determined:

“Any further summary suspension entered by the Secretary of State, who is not a party to these proceedings, is without the jurisdiction or authority of chapter 951/2, section 11 — 501.1(d) or (e).”

Accordingly, the court “immediately rescinded” the summary suspension for Hanna. The State appeals.

I

The first issue on appeal is whether the trial court properly dismissed the DUI citations against both defendants because the arresting officers failed to transmit the citations to the circuit clerk’s office within 48 hours pursuant to Rule 552.

Rule 552 is part of article V of the supreme court rules entitled, in part, “Rules on Trial Court Proceedings in Traffic *** Offenses.” (107 Ill. 2d R. 552.) The principal purpose of article V is “to provide a comprehensive system to allow bail to be taken, pleas of guilty made and fines received in certain traffic and other minor criminal cases without the presence of a judge.” (People v. Zlatnik (1975), 29 Ill. App. 3d 498, 500, 331 N.E.2d 1, 3.) Article V was adopted by the supreme court of this State to ensure judicial efficiency and uniformity as well as “to expedite the handling of traffic cases.” People v. Roberts (1983), 113 Ill. App. 3d 1046, 1050, 448 N.E.2d 185,188.

To further analyze the statutory purpose of Rule 552, this court must look at the language of the statute itself. Rule 552 provides in part:

“The arresting officer shall complete the form or ticket and, within 48 hours after the arrest, shall transmit the portions entitled ‘Complaint’ and ‘Disposition Report’ and, where appropriate, ‘Report of Conviction,’ either in person or by mail, to the clerk of the circuit court of the county in which the violation occurred.” 107 Ill. 2d R. 552.

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Bluebook (online)
541 N.E.2d 737, 185 Ill. App. 3d 404, 133 Ill. Dec. 526, 1989 Ill. App. LEXIS 951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hanna-illappct-1989.