People v. Gaede
2014 IL App (4th) 130346
Ill. App. Ct.2014Background
- Defendant Gaede was convicted by a January 2013 jury of driving under the influence of alcohol.
- In March 2013, the trial court sentenced Gaede to 24 months of court supervision.
- Gaede was arrested February 19, 2012 for DUI and related vehicle offenses after a hit-and-run; he refused the on-scene chemical breath test.
- Officers testified about odor of alcohol, glassy/red eyes, and slurred speech; field sobriety tests suggested impairment.
- A missing amber lens cover from the motorcycle linked to the incident was found in Gaede’s sweatshirt during arrest.
- The State later dismissed one charge; the jury acquitted Gaede of failing to report information about the accident and convicted him of DUI.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the implied-consent statute facially constitutional? | Gaede contends the statute is facially unconstitutional under the Fourth Amendment. | Gaede argues the statute coerces or punishes asserting a right to refuse testing. | Statute not facially unconstitutional. |
| Does McNeely govern the constitutionality of Illinois' implied-consent scheme? | McNeely requires warrant protections subject to case-by-case exigency assertions. | McNeely undermines implied consent by creating per-se exigencies. | McNeely does not render the statute unconstitutional; no warrantless search occurred after consent was withdrawn. |
| Does the implied-consent framework punish exercising Fourth Amendment rights? | Gaede claims kickbacks via license suspension and use of refusal as evidence punishes exercising rights. | There is no unconditional right to refuse testing; penalties are permissible consequences of statutory scheme. | No constitutional violation; statute valid as applied. |
Key Cases Cited
- Skinner v. Ry. Labor Executives' Ass'n, 489 U.S. 602 (1989) (breath testing constitutes a search under the Fourth Amendment; exigencies balance test remains)
- Missouri v. McNeely, 133 S. Ct. 1552 (2013) (no per se exigency for warrantless blood draws; totality of circumstances governs in each case)
- Schmerber v. California, 384 U.S. 757 (1966) (permits warrantless blood draws in certain circumstances depending on totality of the situation)
- People v. Devenny, 199 Ill. 2d 398 (2002) (statutes presumed constitutional; burden on challenger; de novo review for constitutionality)
- People v. Davis, 2014 IL 115595 (Ill. 2014) (facial challenges to statutes require absence of any valid application)