 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Smith1/30/2004
this context that defendant submitted to the search that disclosed the gun.
The trial court afforded the State several opportunities to cite authority that criminalizes the act of walking along a toll highway when no other means of transportation are available, but the State failed to do so. The majority now cites the general prohibition of a pedestrian's use of a toll highway (see 92 Ill. Adm. Code §2520.201(a) (1999)) but declines to respond to defendant's contention that an exception to the rule exists for pedestrians who are stranded. The majority's analysis borders on judicial advocacy and is troubling in light of its unnecessary creation of the emergency exception to the rule barring the seizure of a person absent probable cause, reasonable suspicion, or a warrant.
Administrative rules and regulations have the force and effect of law and must be construed under the same standards that govern the construction of statutes. People v. Bonutti, 338 Ill. App. 3d 333, 341 (2003). Therefore, the primary objective of interpreting a regulation is to ascertain and give effect to the intent of the drafters. The best indication of what the drafters intended is the regulatory language itself. Clear and unambiguous terms are to be given their plain and ordinary meaning, and where regulatory provisions are clear and unambiguous, the plain language as written must be given effect, without reading into it exceptions, limitations, or conditions that the drafters did not express. Bonutti, 338 Ill. App. 3d at 341.
The Administrative Code proscribes " edestrians, except at authorized areas at Oases, Toll Plazas and maintenance areas," from entering or using the toll highway. 92 Ill. Adm. Code §2520.201 (1999). Section 2520.110 of the Administrative Code does not define " edestrian" but provides that " ny and all terms that are not specifically defined in this Section shall have the meanings ascribed to them in the Illinois Vehicle Code and the Toll Highway Act." 92 Ill. Adm. Code §2520.110 (1999). The Vehicle Code defines "pedestrian" as " ny person afoot, including a person with a physical, hearing, or visual disability." 625 ILCS 5/1--158 (West 2000).
"Any person using any part of the Tollway or Right-of-Way except as herein provided [in the Administrative Code] is guilty of a trespass" (92 Ill. Adm. Code §2520.302 (1999)) and subject to prosecution under section 21--3 of the Criminal Code of 1961 (720 ILCS 5/21--3 (West 2000)). 92 Ill. Adm. Code §2520.305 (1999). Section 21--3 "does not prohibit a person from entering * upon the land of another for emergency purposes." 720 ILCS 5/21--3(f) (West 2000). "Emergency" means a condition or circumstance in which an individual is or is reasonably believed by the person to be in imminent danger or serious bodily harm or in which property is or is reasonably believed to be in imminent danger of damage or destruction. 720 ILCS 5/21--3(f) (West 2000).
Although defendant did not testify to his mental state in this case, Officer Driscoll testified that he was concerned for defendant's safety because of the late time of night, poor lighting, low temperature, and high speed of the vehicles on the tollway. I conclude that the officer's testimony supports a factual finding that defendant's presence on the tollway was excused by the emergency situation that the majority concedes existed.
I further note that, even if a pedestrian stranded on the tollway commits a trespass if he walks to the nearest exit, the chapter of the Administrative Code that might proscribe such conduct did not authorize Officer Driscoll to arrest defendant merely for his presence on the tollway after the traffic stop. The enforcement of the relevant
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Illinois DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|