People v. Hill

(Court opinion corrected 5/16/12.) Defendant was convicted of aggravated DUI. Language in statute allowing for probation for conviction only when "extraordinary circumstances" is not unconstitutionally vague, and was intended to grant deference to trial court. Court properly found that extraordinary circumstances were lacking, and properly refused to consider as a mitigating factor that fatality victim, his passenger, induced Defendant to drink and drive while intoxicated. (DONOVAN and SPOMER, concurring.)