People v. Kathan

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2014 IL App (2d) 121335
Decision Date: 
August 13, 2014
District: 
2d Dist.
Division/County: 
Lake Co.
Justice: 
SPENCE
Holding: 
Affirmed.
Defendant was convicted, after bench trial, of "drug-driving", after she admitted to ingesting Xanax and Vicodin within two hours of being stopped. Circumstantial evidence is relevant to prove presence of controlled substance. State presented sufficient evidence to show presence of controlled substance, as her level of impairment in confused behavior, failing field sobriety tests, weaving, and HGN test all were basis to conclude, beyond a reasonable doubt, that drugs remained in her system. Defendant had burden to show that her use of medications was exempted as authorized by prescription. (SCHOSTOK and HUDSON, concurring.)