Birkett, Kachiroubas Take On Chronic Traffic Offenders

WHEATON - DuPage County State’s Attorney Joseph E. Birkett and Circuit Court Clerk Chris Kachiroubas announced today the implementation of significant improvements in traffic court procedures that will revolutionize the prosecution of chronic traffic offenders not only in DuPage County but throughout the entire state of Illinois.  These improvements, which will provide for improved access to a defendant’s history, have garnered support from local law enforcement officials as well as Secretary of State Jesse White’s office, Mothers Against Drunk Driving (MADD) and the Alliance Against Intoxicated Motorists (AAIM).  These changes are part of the Westerhoff Initiative proposed by Birkett in 2005.  Named after Nicole Westerhoff and her four year-old son Devin, who were killed on October 10, 2005 when a chronic speeder lost control of his vehicle and slammed into theirs, the Westerhoff Initiative takes specific aim at chronic speeders and what can be done to get these dangerous drivers off the roads.

Effective immediately, every traffic court in DuPage County will be equipped with a computer terminal that will allow every party involved, including the judge, access to a defendant’s complete driving history through the Illinois Circuit Clerks Information Center (ICCIC).    This information will be current and will include a defendant’s convictions, supervisions and pending cases.  Created by Kachiroubas’ office, the computer program, which is available to all Illinois counties provided they input their data into the system, is only in use in DuPage County. Dekalb County and the Secretary of State are providing information to ICCIC.  Kane and Will Counties are reviewing contractual agreements.

“Chronic traffic offenders have skirted the law long enough,” commented Birkett.  “For far too long, these offenders have been able to dodge any type of appropriate judicial and administrative sanctions for their dangerous behavior.  Court supervision should not be an automatic punishment for traffic offenses.  It is a sentencing alternative to be reserved for low risk defendants.  The days of automatic court supervision, regardless of your offense, are gone.  With this new system, we now have a powerful tool to keep high-risk drivers off the road.”

Following the death of Nicole and Devin, Birkett proposed the Westerhoff Initiative.   The initiative consists of four specific items. 

• Assistant State’s Attorneys will continue to adhere to my policy that supervision will be reserved for the occasional minor traffic offender.  They will continue to object to court supervision in all serious cases which included excessive speeding.
• The Clerk of the Circuit Court, Chris Kachiroubas, and his staff are committed to insuring that traffic files are accurate and clearly reflect both the methods of disposition (pleas, trial, etc.) as well as the objection of the State or a municipal prosecutor to court supervision.
• Court Smart should be implemented in every traffic court.  Decisions made in traffic court can have serious life and death consequences.  The importance of an accurate transcript of court proceedings will not only hold all parties and judges accountable, but it will also provide the public with a clear understanding of cases involving deaths and other high profile cases.
• Computer terminals should be available with both Clerk information and Secretary of State access.   Prior to sentencing, it is imperative that every party and the judge know a defendant’s driving record even if there is a negotiated plea.

               “The public should answer very carefully any questions regarding their driving record,” remarked Kachiroubas. “Even when paying by mail and requesting supervision, my office will be reviewing all submissions using ICCIC. Filing a false statement with our office may subject you to contempt of court or perjury proceedings.”

             “Because traffic safety is a top priority for me, I established a database to collect and electronically disseminate court supervisions to all 102 counties to ensure judges and court personnel have the complete driving record of all motorists who appear before them,” said Secretary of State Jesse White.  “In addition, I initiated a law that limits the number of times a motorist may be granted court supervision to two in a 12-month period.  I support State’s Attorney Birkett’s proposal because it will further ensure the state of Illinois removes high risk drivers from the road as soon as possible.”

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