{
  "id": 2625047,
  "name": "The People of the State of Illinois, Plaintiff-Appellee, v. Sylvester Johnson, Defendant-Appellant",
  "name_abbreviation": "People v. Johnson",
  "decision_date": "1975-08-06",
  "docket_number": "No. 73-98",
  "first_page": "974",
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    "id": 8837,
    "name": "Illinois Appellate Court"
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    "name": "Ill."
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      "cite": "9 Ill.App.3d 460",
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      "year": 1972,
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      "reporter": "N.E.",
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    {
      "cite": "310 Ill. 389",
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      "reporter": "Ill.",
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      "cite": "5 Ill.2d 365",
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  "last_updated": "2023-07-14T21:56:28.126609+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Plaintiff-Appellee, v. Sylvester Johnson, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE KARNS\ndelivered the opinion of the court:\nDefendant-appellant, Sylvester Johnson, was convicted of recldess driving after a jury trial in Pulaski County. A fine and costs were imposed. On appeal, defendant raises two issues regarding the sufficiency of the complaint and contends that the evidence was not sufficient to prove his guilt beyond a reasonable doubt. We find it necessary to discuss only the last contention.\nThe undisputed evidence at trial showed that defendant approached an intersection of a Mounds, Illinois, city street and Highway 51 at about 10:45 p.m. Defendant abruptly turned right on the highway without stopping, thereby causing his tires to \u201csqueal.\u201d Defendant was arrested shortly thereafter by a police officer who observed the violation. There was no evidence that any pedestrians or other vehicles were present, no evidence that the intersection is particularly dangerous or that weather conditions were other than normal. No evidence was presented that defendant in any way lost control of his vehicle or that he endangered any person or property, including himself. The reckless driving conviction was based solely on defendant\u2019s failure to make a lawful stop at the intersection.\nSection 11 \u2014 503(a) of the Illinois Vehicle Code (Ill. Rev. Stat. 1973, ch. 95%, par. 11 \u2014 503(a)) states:\n\u201cAny person who drives any vehicle with a willful or wanton disregard .for the safety of persons or property is guilty of reckless driving.\u201d\nIt has been held that driving in excess of the lawful speed limit alone will not support a finding that the conduct of the defendant, was wilful, wanton, or reckless in the absence of aggravating factors. (People v. Potter, 5 Ill.2d 365, 125 N.E.2d 510 (1955); People v. Anderson, 310 Ill. 389, 141 N.E. 727 (1923).) Similarly, failure to obey a traffic signal has been held insufficient by itself to prove recklessness. (People v. Rowe, 9 Ill.App.3d 460, 292 N.E.2d 432 (1972); People v. Mowen, 109 Ill.App. 2d 62, 248 N.E.2d 685 (1969).) The State cites People v. Burch, 19 Ill. App.3d 360, 311 N.E.2d 410 (1974), for the proposition that where the evidence supports the allegations contained in the complaint, the question whether the conduct proved was wilful or wanton is properly a question- for the trier of fact. In Burch, however, the defendant not only exceeded the speed limit, but passed three cars at one time while small children were present on the road side. His action also forced an oncoming car to leave the road. The instant case is clearly distinguishable.\nWhile there is no doubt that defendant committed an offense against the State of Illinois in fading to make a lawful stop at an intersection marked with a stop sign (Ill. Rev. Stat. 1973, ch. 95%, par. 11 \u2014 904(b)), we cannot say as a matter of law that the commission of this offense is enough, by itself, to constitute \u201cwillful or wanton disregard for the safety of persons or property.\u201d Because no evidence was presented of aggravated circumstances which reasonably could be construed to endanger life or property, we are compelled to find that defendant was not proved guilty beyond a reasonable doubt of reckless driving.\nThe judgment of the Circuit Court of Pulaski County is reversed.\nReversed.\nEBERSPACHER and G. MORAN, JJ., concur.",
        "type": "majority",
        "author": "Mr. JUSTICE KARNS"
      }
    ],
    "attorneys": [
      "Paul Bradley and Laurence A. Benner, both of State Appellate Defender\u2019s Office, of Chicago, for appellant.",
      "Byron L. Connell, State\u2019s Attorney, of Mound City (Bruce D. Irish and Rolf F. Ehrmann, both, of Illinois State\u2019s Attorneys Association, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Plaintiff-Appellee, v. Sylvester Johnson, Defendant-Appellant.\n(No. 73-98;\nFifth District\nAugust 6, 1975.\nPaul Bradley and Laurence A. Benner, both of State Appellate Defender\u2019s Office, of Chicago, for appellant.\nByron L. Connell, State\u2019s Attorney, of Mound City (Bruce D. Irish and Rolf F. Ehrmann, both, of Illinois State\u2019s Attorneys Association, of counsel), for the People."
  },
  "file_name": "0974-01",
  "first_page_order": 1000,
  "last_page_order": 1002
}