People v. Aguilar

The Illinois Supreme Court considered the question of whether the circuit court erred when it dismissed the State’s information for failing to state an offense for aggravated DUI. The court affirmed the judgment of the circuit court but modified it to provide that the dismissal of the information was without prejudice, explaining that section 11-501(d)(1)(H) of the Vehicle Code does not elevate a DUI to aggravated DUI when a defendant possesses an unexpired Illinois driver’s license that has been suspended for an SR-22 violation that is not among the suspension-based offenses enumerated in subsection (G) of the Code. (NEVILLE, HOLDER WHITE, CUNNINGHAM, ROCHFORD, O’BRIEN, and TAILOR, concurring)