People v. Cook

Illinois Appellate Court
Criminal Court
Aggravated DUI
Citation
Case Number: 
2011 IL App (4th) 090875
Decision Date: 
Friday, September 9, 2011
District: 
4th Dist.
Division/County: 
Sangamon Co.
Holding: 
Affirmed in part and vacated in part; remanded with directions.
Justice: 
COOK
Defendant was convicted on three counts of aggravated DUI, from fatal car accident which killed state trooper. DUI violation was proximate cause of trooper's death, even though another driver had first crossed into other lane and then collided with trooper's car. Jury could reasonably have found that a sober driver would have reacted more appropriately to traffic. Court properly instructed jury on proximate cause with IPI Criminal No. 23.28A, which adequately states the foreseeability component of proximate cause. Defendant committed a single actof DUI, and a single death resulted from accident; thus, conviction should be on one count, not three, per the "one-act, one-crime" rule. (STEIGMANN and POPE, concurring.)