People v. Way

Illinois Appellate Court
Criminal Court
Aggravated DUI
Citation
Case Number: 
2015 IL App (5th) 130096
Decision Date: 
Friday, September 25, 2015
District: 
5th Dist.
Division/County: 
St. Clair Co.
Holding: 
Reversed and remanded.
Justice: 
MOORE
Defendant was convicted, after stipulated bench trial, of aggravated DUI. Parties stipulated that accident resulted in great bodily harm to a passenger in her vehicle, and to driver of other vehicle with which she collided. Parties stipulated that Defendant had, in her system, THC metabolite, from use of cannabis, and that Defendant's vehicle crossed into other driver's lane. Court erred in denying Defendant the right to present a defense, as she was not allowed to contest the "proximate cause" element of her charge. Defendant should have been allowed to present physician's testimony that Defendant has low blood pressure, and that it is possible that loss of consciousness right before accident was caused by this condition, for court to decide whether Defendant's sudden illiness was sole and proximate cause of accident.(STEWART and SCHWARM, concurring.)