People v. Lenz

Defendant was convicted, after bench trial, on all counts in 2 separate cases arising from 2 separate traffic incidents that occurred on the same day. First incident, in Naperville,  alleged leaving the scene of an accident involving an unattended vehicle, and failure to reduce speed; second incident (16 minutes later), in Warrenville, was arrest for DUI (drugs/combination of drugs/cannabis). As Defendant failed to rebut State’s expert’s critical testimony that there was no evidence of contamination in urine sample, leak of sample neither prejudiced Defendant nor rendered test results unreliable. Defendant stipulated that State’s expert was an expert in drug recognition; and scientific evidence of intoxication is unnecessary. Evidence was sufficient to show that Defendant was under the influence of a drug or combination of drugs when he drove his vehicle, and thus his conviction for DUI is affirmed. Convictions in case as to first incident is vacated and remanded, as court erred in adjudicating those counts on date that case was set for status, not trial, thus denying Defendant due process.   (HUTCHINSON and SCHOSTOK, concurring.)