People v. McDuffee

The principal issue presented in this case is whether the trial court erred in finding that defendant’s motion for substitution of judge was filed outside of the 10-day period specified in section 114—5(a) of the Code of Criminal Procedure of 1963 (725 ILCS 5/114—5(a) (West 1996)).

BACKGROUND

On May 10, 1997, the defendant, Randall A. McDuffee, was charged by Illinois citation and complaint (traffic ticket) with improper lane usage (625 ILCS 5/11—709(a) (West 1996)). This charge resulted from defendant’s involvement in a two-car automobile accident that injured the driver and a passenger of the…