People v. Hamerlinck

Defendant was convicted, after bench trial, of 2 counts of aggravated DUI; counts charged different minimum levels of blood-alcohol content (BAC). Parties stipulated to and court took judicial notice of Defendant's BAC level. Defense counsel cleared up any possible ambiguity by conceding to court, repeatedly, that State had established Defendant's BAC level. The 2 convictions violate the one act, one crime rule, as they are based on same physical act of driving.(BURKE and McBRIDE, concurring.)