§ 8.5 Double Jeopardy

• Library: Illinois DUI and Traffic-Related Decisions (2016 Ed.)

§ 8.5 Double Jeopardy

§ 8.5-1 Found Improperly

People v. Raebig, 213 Ill. App. 3d 146, 571 N.E.2d 1174, 157 Ill. Dec. 155 (3d Dist. 1991). After an accident in which the other driver was killed, defendant received citations for failure to stop at a stop sign and failure to wear a seat belt. The state trooper did not mark the citations indicating a court appearance was required. Defendant mailed in the citations, indicating a plea of guilty, with the required fines and costs enclosed on 10/13/88.

On 1/4/89, a criminal complaint was filed charging her with reckless homicide. An indictment was also filed on 2/14/90 for that charge. Defendant filed a motion to dismiss based upon double jeopardy grounds. The trial court granted the motion after the State acknowledged the reckless homicide charge could not be proven without introducing evidence of the stop sign violation.

The appellate court reversed, finding the State never participated in the prosecution of defendant. The prosecutor's office never had reviewed the charges because the trooper did not mark the ticket to indicate defendant was to appear in court. The court distinguished the holding in Grady v. Corbin, 495 U.S. 508, 109 L. Ed. 2d 548, 110 S.Ct. 2084 (1990) from the facts of this case. In Grady, the prosecution was actively involved in the prosecution and defendant was allowed to plead to DUI even though the same office was gathering information for a reckless homicide prosecution.

People v. Correa, 244 Ill. App. 3d 307, 614 N.E.2d 1246, 185 Ill. Dec. 561 (1st Dist. 1993). On 1/24/89 defendant struck and killed a pedestrian with his truck. Initially defendant was charged with...