In prosecution on first-degree murder charge arising out of defendant’s participation in high speed hit-and-run accident that resulted in killing of one bystander and injuring of another, trial court erred in failing to give jury reckless homicide instruction as lesser-included offense, where record showed that accident occurred in context of defendant’s high-speed chase away from police. Ct. further found that record failed to support defendant’s conviction on charge of failure to report accident, since record showed that defendant was arrested within 10 minutes of accident. Also, Ct. held that section 11-501.2(c)(22) of Illinois Vehicle Code was unconstitutional insofar as it permits compelled chemical testing of blood and urine, under circumstances where: (1) officer had probable cause to believe that driver had caused personal injuries; and (2) instant record failed to show presence of any exigency that would have prevented officer from obtaining warrant. (Dissent filed.)
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