People v. Harris

Illinois Appellate Court
Criminal Court
Aggravated DUI
Citation
Case Number: 
2015 IL App (4th) 140696
Decision Date: 
Monday, May 18, 2015
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Affirmed.
Justice: 
KNECHT
(Correcting case citation and link.) Defendant was convicted, after stipulated bench trial, of of one count aggravated DUI and one count aggravated DUI with BAC greater than 0.08. Stipulating as to what a witness would testify does not remove substance of a witness's testimony from evidence trial court may consider in stipulated bench trial. Stipulations to testimony a witness would give if called may properly form basis for finding of guilt beyond a reasonable doubt by trial court in course of bench trial. Consent to a chemical test is not coerced and is not rendered involuntary merely by officer's reading of warning to motorist that informs Defendant of consequences of refusal. Thus, consensual blood test here did not violate Defendant's 4th Amendment rights. Court noted Defendant's 4 prior DUIs, and considered his family ties and obligations. Court did not abuse its discretion in sentencing Defendant to 13 years imprisonment, as it was within range of 4 and 15 years for aggravated DUI for a 5th DUI conviction. (POPE and HARRIS, concurring.)