People v. Smith
999 N.E.2d 809
Ill. App. Ct.2014Background
- Defendant George Smith was indicted for driving while license suspended (DWLS) for a time when his license was revoked, under 6-303(d-5) as a Class 2 felony with 14+ prior offenses.
- The State later amended the indictment to allege a statutory summary suspension under 11-501.1 was in effect.
- Defendant submitted his driving record to show the summary suspension occurred after the license had already been revoked, arguing the suspension was a nullity under Heritsch.
- The trial court agreed with the argument but instead of dismissing the charge, amended the indictment to a misdemeanor.
- The appellate court reverses, holding that the statutory summary suspension can be in effect notwithstanding prior revocation and may support an enhanced penalty, and remands for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary suspension can support an enhanced DWLS penalty despite prior revocation | Heritsch nullifies the suspension | Suspension is a nullity because revocation was prior | Yes; suspension valid for enhancement; Heritsch abrogated on this point |
| Whether the trial court had authority to modify the indictment | State, the court had power to modify the charge | Modification was improper | Procedural issue largely academic; court did not need to decide on it |
| Effect of the 2013 amendments adding subsection (a-10) to 6-303 on interpretation | Amendment clarifies original intent | Amendment signals legislative repudiation of Heritsch | Amendment clarifies that multiple revocations/suspensions may apply; repudiates Heritsch |
Key Cases Cited
- People v. Heritsch, 2012 IL App (2d) 090719 ((2d) (2012)) (addressed the effect of prior revocation on eligibility for enhanced sentencing)
- People v. Masten, 219 Ill. App. 3d 172 ((5th Dist. 1991)) (held that revocation can be followed by suspension and vice versa; supports ongoing suspension relevance)
- People v. Odumuyiwa, 188 Ill. App. 3d 40 ((2d) (1989)) (noted non-mutual exclusivity of cancellation and suspension of license)
- People v. Yaworski, 2011 IL App (2d) 090785 ((2d) (2011)) (identified revocations in effect when DUI offenses occurred for enhancement)