People v. McPeak

Illinois Appellate Court
Criminal Court
DUI
Citation
Case Number: 
No. 2-08-0572
Decision Date: 
Friday, April 16, 2010
District: 
2d Dist.
Division/County: 
Lee Co.
Holding: 
Reversed.
Justice: 
JORGENSEN
Insufficient evidence to convict Defendant of driving under influence of cannabis, because there was no evidence of presence of cannabis "in his breath, blood, or urine" while he was driving, as required by statute. Officer testified only that Defendant had odor of burnt cannabis about him and admitted that he had taken one or two hits of cannabis about an hour prior to traffic stop. This testimony does not prove that cannabis was present in Defendant's system while he was driving.