Wed - December 10, 2003

People v. Hamalainen: Wisconsin & Illinois DUI laws "similar"


Section 5-6-1 of the Code of Corrections (730 ILCS 5/5-6-1 ), authorizes the circuit court to enter an order of supervision for a person charged with a misdemeanor except that section 5-6-1(d)(1) provides, in pertinent part, that supervision may not be granted to a person convicted or assigned supervision for a violation of section 11-501 of the Illinois Vehicle Code "...or a similar provision of a local ordinance or any similar law or ordinance of another state..." In People v. Hamalainen, No. 2-02-0004, ___ Ill.App.3d ___, ___ N.E.2d ___, ___ Ill.Dec. ___ (2d Dist. 2003), the defendant argued that his previous Wisconsin conviction for driving with a prohibited BAC is not similar to the Illinois statute for the reasons that the Wisconsin law is punishable only by fine and not jail time and, in Illinois, the prohibited BAC 0.08 whereas, in Wisconsin, the prohibited BAC is 0.10. The appellate court held that the trial court properly denied the defendant's request for supervision for the reason that the two statutes are "similar" under section 5-6-1(d) of the Code of Corrections.

Posted at 06:35 PM     Read More  

Wed - September 10, 2003

Recent DUI cases, September 2003





Posted at 11:35 AM     Read More  

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