§ 2.6 Contempt

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

§ 2.6 Contempt

§ 2.6-1 Contempt Finding Improper

People v. Baker, 123 Ill. 2d 233, 526 N.E.2d 157, 122 Ill. Dec. 17 (1988). A professional evaluation prior to sentencing is not a mandatory requirement but a permissive one. Additionally, the evaluator need not inform defendant of Miranda warnings nor is counsel required to be present. If defendant decides to invoke his Fifth Amendment right, the circuit court must determine whether the fear of incrimination is reasonable. When defendant failed to answer questions he was improperly found guilty of contempt.

People v. LaRosa, 198 Ill. App. 3d 862, 556 N.E.2d 611, 144 Ill. Dec. 933 (1st Dist. 1990). Defendant was charged with DUI, driving while license was revoked and improper lane usage. At a hearing for defendant's motion to...