Defendant was convicted, after jury trial, of aggravated DUI. Accident proximately caused death of woman, who Defendant argued was driving the pick-up truck. Court was within its discretion in granting State's motion in limine to bar physician from opining on who the driver was in accident. No evidence that physician's on-the-job experience equipped him to opine on who driver was. Court was within its discretion in denying Defendant's motion in limine to bar testimony of State's accident reconstructionist as to opining who the driver was, on basis of injury patterns. Looking at all evidence in light most favorable to prosecution, a rational trier of fact could find, beyond a reasonable doubt, that Defendant was the driver. (HARRIS and STEIGMANN, concurring.)
Illinois Appellate Court
Criminal Court
Aggravated DUI