Village of Lincolnshire v. Olvera

Defendant was convicted of driving under the influence of cannabis. On appeal, defendant argued that his conviction must be reversed because the village improperly prosecuted him for a violation of the Illinois Vehicle Code and that the evidence was insufficient to prove him guilty beyond a reasonable doubt. The appellate court affirmed and the supreme court upheld the judgments of the lower courts, finding that the relevant statutory law does not impose an affirmative duty on a municipality to submit proof of its written permission to prosecute into the trial court record and that the evidence supported a finding beyond a reasonable doubt that defendant was incapable of driving safely. (THEIS, NEVILLE, OVERSTREET, HOLDER WHITE, CUNNINGHAM, and O’BRIEN, concurring)