good morning again this is just because we want to thank you for agreeing to conduct the oral argument this morning remotely before we begin let me make a few comments about our format today just as if we were in the courthouse you'll be given to your regular a lot of time fifteen minutes a time or at ten minutes that ten minute mark is to allow us time for questions so you only have five minutes remaining in your argument when that signal is given of course you do not have to use all of your time you can invite questions  at any time the purpose of the five minute signal is for us to make sure that we have time for questions from the panel as is our practice in the nd district we've all read the briefs were familiar with the facts of the case what will be different today is that we will not be interrupting your arguments with questions as we usually do conducting oral arguments remotely makes it awkward to proceed in it manner will save our questions until you complete your argument keep in mind you are not required to use all of your time certainly if you complete your argument before the signal you can ask we can ask our questions at that point i remind you that no one except the clerk of the court is permitted to record the argument do either of the parties have any questions regarding our performance today the same fashion as any other as an attorney so even though you're proceeding pro se you've read the case for familiar with the record correct yes i am you may proceed that mr matter case the person had chosen to take care of and the person also had a flat tire and that could been him from going to court and you know the facts some of my case you know iran late trouble and so the fact that in reheated the guy had a flat tire and i had car trouble you know that said support that the seventeen was my rd one i do acknowledge that i missed two court dates and that was because i was sick and i had a doctor's note and i would like to i believe i noted that in my brief to you know that if i had somebody that could sing to court but if i had an attorney the attorney would have told the judge in the to know that i was sick and that i need a continuance and i know under illinois law even for petty offenses if somebody is sick you're entitled to a continuance and so if it hadn't been for the fact that was close a and that i had nobody sent to court you know those two parks parties would not have been entered and i believe the  was out of state going to college and if his attorney or even the defendant himself in that case would have told the court you know what i'm in florida  court they would not work out a december court date when i look out can you set up a court date with this particular date so that i could go to court in fit i nto my college schedule you know then it's missing those court they would have been avoided see in my case i miss court dates not because of stuff within my control it was because i was sick and then people versus cold or he didn't do anything to told the particular in the you know that he was going to college at the time so that's my nd point that my case is actually legally no court orders there and i attempted to get a biased standards report certified and judge downs united memos and to get certified on the basis he didn't remember anything and i did take the issue up with the illinois supreme court and see there were no soup cream court agreed with judge downs you know because he couldn't remember anything and they have an eye a bond and so on i want to make the most use of my time here but all the supreme court rules that  party judgment of conviction upon a defendant's spirit to appeal they don't apply to my case you know you know and the state never disputed that i didn't sign the citation it's in the  city of naperville is i believe he was released on a notice to appear and no he wasn't i'm sorry i haven't reviewed the facts but i believe in that case you know don't hold me to it you have to review the case but in the city of naperville case i believe he was released on a notice to appear and because he was re bad and i know the state you know brought up and it's brief illinois supreme court ruled d by a fifty six and they made the argument that even though those subsets and don't would be considered excused absences just because i was sick during those two court dates and it wasn't my fault i missed it and like i pointed out under illinois law all if i had an attorney and because the guy had car trouble he could couldn't make it to court and the supreme court found that was a valid reason to make a default judgment many into his parental rights and when it comes to and the state doesn't dispute that and the state doesn't dispute at least so far that you know i was diligent in following the th one they never disputed that at the trial court they never yes i did make a phone call i don't know if it's in the record and i believe it is it is but i did make a phone call to the perp's office the king county or i talked to them and they said they couldn't get the message across but i did make a good faith attempt to get the message say i was running late because of my car if i called them and they told me there's nothing that they could do i don't remember exactly you know this happened almost three years ago i don't want to lie but yes i did make a good faith effort to get the message across that i was running late that at any time when you appeared in court were you ever given a notice about trial in absentia yes i believe one time i was stay cause it's witnesses and those my driver's license to my insurance part to the police officer and then the police officer gave me my insurance card my drives license and the citation to me and when he gave the time and if you believe an ex parte judgment could not be entered would a warrant for your arrest the appropriate in in the alternative  i believe under the facts of this case the only thing t discretion isn't it the judge's determination as to whether or not he feels you were truthful in the excuses that you gay and why stop the nd death or review the agree with you on that you know but i was sick the st two times i had a doctor's note saying i was sick so i see i was being honest and when the nd judgment was vacated i believe the doctor's doesn't well i believe in ninety nine percent of cases the judge would have to accept it as true and if he did that many doubts in his mind for whatever reason he could call the doctor's office and talk to the doctor you know if you know but if when you are in court when you were in court how many people did you see in the courtroom besides yourself  traffic more get my point to you mr then matter is that how is it that you feel that the court system has the one you're really waiting around for people in constantly sending their cases over when every time they're supposed to go to court they quite in the course i mean you were trying to get in this trial court judges trying to get jobs moving and every time your court case you were sick and now you're relying on five hundred and fifty six to say well nobody could do anything to me because by fifty six and i wasn't required to appear i've yourself in the position of asking for jury trial you were required to appear or being court because of his college studies i believe in that case he was out of state in florida drove into college and i believe a court date was set in a toll booth and that a court date was set in december and so on that said serious and he knew that court dates were being set it was impossible for him to attend and in that case the defendant himself for the defendant through his attorney could have told the court you know what i'm going to be and collards out of state the stunned toad's sambhu case set up a court date and some time in december january and and that would be the best for me you know from my schedule and if you would have done that over those myths court dates were not of happened so  me missing court in january th was beyond my control because i was sick and that's the trial court to make that determination correct yes the trial court me that  would just get the continuing again that is up to the trial court to even determine whether they give a trial or a lawyer or a continuance it's not automatic is it u for whatever reason and then they have documentation that they're in the i c u you know and the court date the lawyer can bring it to the judge and to the plus it is tense and you know the person is totally different we're talking apples and oranges here i know you want to question how is it that you equate your situation to a someone who is losing their parental correct that's correct and those emotions were all that a get it you showed up for those hearings correct that's correct and your motion to suppress was denied correct i believe so yes and your motion is but you've heard the term judicial admission correct you know what a judicial admission is no i don't legitimate judicial admission is a statement by a party or by  party's lawyer as to the facts of the case of a case that can be used against him or her at any time and in the your motion to suppress you laid out the facts of the accident correct i believe  i have to refresh my memory by belief so and as the justices pointed out in their questioning you you mailed in your and your notice that you wanted a bench trial correct yes and why is that not all of the proceedings that took place substantively the same as a notice to appear given by a police officer where you're told you have to be in court appear and i didn't say anything so i'm going to refer back to my five hundred and fifty six argument when it comes to that cross well just that i ask you this are you familiar with the the the procedural you are obviously familiar with procedural rules but are you familiar with the the notion that when were interpreted the rules we have to take into consideration the purpose of the rules the purpose of the rules as to avoid multiple appearances in cases like this the traffic simple traffic cases to make to accommodate the public to reduce the overcrowding in the courtrooms and to not allow for cases where litigation goes on for years and in this case the litigation is now going on its th year right yeah yeah i completely agree with the you on that and you know i've been to track the court in cook county and i know if viable four and five  simple fences like this the supreme court once everything in a court date because it's a simple case so yeah i completely agree with it and in my question to you with respect to the courts and when you have a judicial admission in a meeting by a party what would be the purpose of a trial where you admit that you were unable to keep your car under control and you slammed the mr or the the parties vehicle i kind of what would be the what would be the abusive discussion with the judges looking at the record what's the point well i guess you can have your opinion and i can have my opinion but i believe under the facts of this case please i mean if you a simple question don't don't do not refer to my background just answer the question idea code as discussed on pages eight and nine of my brief the trial court does have the ability to enter a judgment against the defendant nd as to the judgment that was entered by the trial court judgment that was when defendant again still to arrive in court on the day his case was scheduled for disposition the defendant made it to court later that day and on the same day also managed to file a motion to a case that judgment the trial court was again within its discretion to deny the motion to vacate after hearing argument defendant then sought reconsideration of that ruling the trial court again was well within its discretion to deny the sentence request after hearing further argument tonight the senate's requests for reconsideration the court noted defendant's prior absences and the dates on which the two previous judgments were enter a pattern of failing to appear  or the people maintained that the record establishes outright that the senate avoided appearing in court on the days the court was scheduled to decide the merits of his case a closer look at defendant's own filings establishes that his excuse for failing to  in his motion to vacate the july twenty seven team judgment that he's now appealing avert to the court that he missed that trial date quote because it's two thousand to saturn and someone needed a jump start because of an old car battery that went bad replace it but yet he relied on that car for transportation to court on the day as case will suffer trial for a rd time or more likely defendant was not being truthful as to one or both of those vermins defendant clearly is able to make it to court after the fact and is fully prepared to request of the judgment against him be vacated he just can't make it to court on judgment day challenge was wealth and its discretion to a defendant stated excuses for failing to appear in court on the day of trial and decide that define acted affirmatively to evade the trial court's judgment trial court was fully within reason to put an end to defendant's pattern of curiously timed and not allow him to further squander the court's resources the people of justice defendant have the right to a fair and timely resolution to proceedings which defendant has violated with his numerous delays and absences and a rd request for vacating this judgment and as to my rd and final point this court should affirm the trial court's ruling the people asked this court to take judicial notice that as a serial pro se litigant defendant has further matters pending before this court and out of italy also in various trial courts the people fully recognize that the senate has a right to avail himself of the system and to act as his own counsel however as this court noted this morning he remains subject to the same rules as applied to attorneys the scorcher not allowed defendant to tax the limited resources of the court system including court clerks potential jurors trial judges and prosecutors with his repeated and if and curiously timed absences which allowed him to affirmatively of a judgment and preempted the setting of other cases on the trial court docket mr killen away by whose vehicle was struck by defendants vehicle and the underlying car accident has also been greatly inconvenienced by defendant's acts of prolonging what should have been a routine traffic matter that should have been resolved years ago and mr bill in a way that should not be made to appear in court for trial a th time in this case you're on a nd please my argument please allow me to answer any questions just such purpose of the rule we don't have cash bail posted here do it wasn't posted here correct to my knowledge it was not all right now one of the issues then is what kind of a fine could be imposed if there was a judgement either by trial or as mr is a major says the default judgment does the the five hundred and fifty six actually prevent a court from entering a judgment or does it prevent a court from entering a judgment and imposing a  fine i'm not i'm not quite sure i understand your question your honor to my reading five hundred and fifty six dollars allows the court to enter an expert a judgment a conviction assessing fines penalties assessments and cost corrected that but that's if a cash bail has been posted so what is to prevent a trial court from simply entering a judgment of conviction you know no fines or cost i i'm not sure i know the answer to that question your honor did the state ever seek a warrant in this case throughout its life of three plus years  a coincidence and three times i think it becomes a deliberate pattern of behavior but no i don't believe that the i don't believe the warrant was ever issued your  how many times with the advice intention i believe my brief notes twice so i would say at least twice he was notified that a trial could be conducted think i don't know that the trial court was required to to hold the trial at this point i think that you know the the the vehicle code and supreme court rule ou judgment to be entered at the initial court date if the defendant does not appear an expert to judgment can be entered against him so you know defendant asked for it a bench trial then he asked for a jury trial  then when he did not show up on the date of his jury trial i don't believe the defendant i don't believe the court was required to to to present any evidence i think given the record in this case i believe the court was well as an as enter the judgment against defendant thank you have no further question not failure to reduce correct judgment conviction the final judgment entered defendant is now appealing i believe was failure to court date because i was sick and then and january th i missed the standard state and i believe that was for motions and stuff and i know during that time a lot of people who were sick i was in the only one who was sick so i'm thinking to have two different judgments eleven months apart that's not a red flag at all because ob if everything was settled in six months and i would only had one judgment against me instead of two and i really default judgment i'm appealing now is in july of seventeen and like it pointed out and my the filings down below you know i attended some court dates that were very difficult for me to attend i believe and i attended a court date and on august thirty first d sixteen i believe and then i attended a court date one week later have been to court the next day without any notice you know it so is that i want to go to court and i don't want to miss it and not only in this case but i know the stuff i've been involved in in the past i've been required to go to court on a week's notice now it's the people who have nine to five jobs who work in during the day they're in court and then they get a notice that i have to be in court a week later  question my credibility you know i have documents that i presented to the judge i had to adopt the no it's one of them it's in the record and i presented documents to the force my memory but i've seen my my bad movie and my car was on the older side and i see it was older than i thought because from what i what i remember i had no idea that bad was actually like nine months or do i don't want to lie and i don't want to like be dishonest but from my movie i thought the car battery in my car was actually younger than what it was i can't give yes thank you mr he made or when your case was continued to the next day because of the too many cases on the caller the court was too busy and finally got to yours jeopardized and you said you received no notice that you had to be in court the next day didn't the judge or someone related to the court give you an order indicating you had to appear the next day for the is i didn't have notice until like twelve hours before like what i got notice at the last minute i guess that's what i'm trying to say here i don't remember  today and it seems that you were pretty careful about attending court on days when you had matters pending that you wanted resolved correct court dates i want to be there but sure you would never stick on a court date where you had something pending and you were never sick on a day when your car you you were there and your car didn't break down on your motion  you have to look at the record i'm not going to answer that question because i could why i could be mistaken about the facts i don't recall you have to look at the record and that's my face when question thank you sir