People v. Hayes

Illinois Appellate Court
Criminal Court
Aggravated DUI
Citation
Case Number: 
2018 IL App (5th) 140223
Decision Date: 
Thursday, February 15, 2018
District: 
5th Dist.
Division/County: 
Lawrence Co.
Holding: 
Reversed.
Justice: 
CHAPMAN

Defendant was convicted of aggravated DUI, after striking a 7-year-old boy with his vehicle, when the boy rode his bicycle in front of Defendant's vehicle. Police chief drove defendant to hospital to provide blood and urine samples for drug screening, and test results showed presence of THC and amphetamine.Drug test did not fall within any recognized exception to requirement of a warrant, and was unreasonable search. As there is insufficient evidence to convict Defendant without evidence of test results, conviction is reversed outright.(BARBERIS and GOLDENHERSH, concurring.)