People v. Hamilton

The defendant, Terry Hamilton, was convicted of driving under the influence of alcohol (Ill. Rev. Stat. 1985, ch. 95½, par. 11— 501(a)(2)) by the circuit court of Winnebago County. The defendant contends on appeal that his case should have been dismissed because he was not brought to trial within the time constraints of section 103 — 5(b) of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1985, ch. 38, par. 103 — 5(b)), which constraints equally apply to traffic defendants, pursuant to Supreme Court Rule 505 (107 Ill. 2d R. 505). We reverse.

The parties have stipulated to the facts,…