Defendant pled guilty to DUI and endangering the life of a child in a companion case, as she had a 2-year-old child on her lap, unrestrained, when Defendant was behind the wheel of a vehicle on the side of the road. Defendant was sentenced to 180 days in jail, 24 months probation, 200 hours of public service work, and a $1,000 fine. After hearing, court denied Defendant's motion to reconsider sentence. Section 11-501(c)(3) of Motor Vehicle Code should not be construed to impose a mandatory minimum period of 6 months' imprisonment. Court expressed its opinion that it was statutorily required to sentence Defendant to 6 months of incarceration, and erred by failing to exercise its discretion in sentencing Defendant. Sentence vacated; remanded for a new sentencing hearing. (CAVANAGH, concurring; STEIGMANN, dissenting.)
Illinois Appellate Court
Criminal Court
DUI