People v. Mumaugh

Illinois Appellate Court
Criminal Court
Aggravated DUI
Citation
Case Number: 
2018 IL App (3d) 140961
Decision Date: 
Friday, January 5, 2018
District: 
3d Dist.
Division/County: 
LaSalle Co.
Holding: 
Reversed.
Justice: 
HOLDRIDGE

(Court opinion corrected 1/9/18.) Defendant was convicted, after stipulated bench trial, of aggravated DUI. Defendant's vehicle struck and injured a minor who was wearing dark clothes and walking in the middle of the road on a dark night with no moonlight. There was no evidence suggesting that Defendant's driving was a contributing proximate cause of minor's injuries, other than pretrial statement of minor's friend, who was walking with her at the time, which is problematic and inconclusive. All other evidence suggests that minor's conduct was sole proximate cause of her injuries.(McDADE and O'BRIEN, concurring.)