Defendant was convicted, after jury trial, of aggravated DUI and driving while license revoked or suspended with 3 prior convictions for driving while license revoked or suspended, a Class 4 felony. Gas station employee testified that he observed Defendant's vehicle enter parking lot and pull to gas pump, and that vehicle remained there for 20-30 minutes when it started to overheat; then, employee shook Defendant to wake him up. State presented sufficient evidence for jury to conclude, beyond a reasonable doubt, of aggravated DUI. Charge was permissible as part of plea bargaining negotiations, and was not vindictive prosecution. Defendant was given a chance to plead "open" to lesser charge before trial, and Defendant acknowledged he understood the risk. Court was within its discretion to allow officers' testimony to come in at trial because it laid foundation for officers' opinions of Defendant's intoxication. Defendant was not denied a fair trial based on officers' in limine testimony coming in at trial. (HOLDER WHITE and STEIGMANN, concurring.)
Illinois Appellate Court
Criminal Court
Aggravated DUI