Defendant was convicted, after jury trial, of aggravated DUI. No error in court allowing jury to view a part of video of Defendant's arrest that depicted an improperly conducted field sobriety test.State did not mention or make any argument regarding HGN test (which State conceded was improperly conducted), and State focused solely on Defendant's inability to follow officer's instructions during portion of recording that was published to jury.Prosecutor's comments in closing arguments were directed at Defendant's consciousness of guilty and were thus not erroneous. Even if language in court's admonishments did not exactly track the rule, court substantially complied with requirements of Rule 605(a). Court considered Defendant's 5 DUI convictions necessary to qualify for Class X sentencing and 4 additional DUI convictions in imposing 8 year sentence, and this was not an improper double enhancement.(HUDSON and JORGENSEN, concurring.)
Illinois Appellate Court
Criminal Court
Aggravated DUI