In a hit-and-run accident, Defendant struck and killed a pedestrian and injured her 6-year-old son. After his arrest, Defendant was forcibly subjected to blood and urine tests, and the urine tests were positive for cannabis, ecstasy, and cocaine. Defendant was convicted, after jury trial, of 1st degree murder, failure to report a motor vehicle accident involving death or injury, and aggravated DUI. Court erred in refusing to instruct jury on lesser included offense of reckless homicide as a rational jury could have found that Defendant acted recklessly in causing death of other driver. State could not establish that Defendant failed to report accident within half an hour without impermissibly introducing evidence of his postarrest silence. Section 11-501.2(c)(2) of Illinois Vehicle Code is unconstitutional on its face, insofar as it sets forth a categorical exception to the 4th amendment's warrant requirement of the kind rejected by the U.S. Supreme Court in its 2013 Missouri v. McNeely decision, which held that courts should undertake a careful case-by-case assessment of exigency to justify a warrantless blood draw. (NEVILLE, concurring; PUCINSKI, dissenting.)
Illinois Appellate Court
Criminal Court
Aggravated DUI