Illinois Appellate Court
Criminal Court
Aggravated DUI
Defendant was convicted, after jury trial, of aggravated DUI. Defendant failed to object at trial to foundation for State's evidence of Defendant's HGN testing, and acquiesced in its admittance, and thus forfeited issue on appeal. Officer testified that he did not know how much alcohol Defendant had consumed, and acknowledged that HGN test is not alone conclusive evidence of intoxication. Court's order of $133 restitution to police department is not authorized under Section 11-501.01(i) of Unified Code of Corrections which allows order of restitution to public agency making appropriate emergency response. (TURNER and STEIGMANN, concurring.)