Defendant appealed from his conviction for driving while under the influence alleging that he was denied effective assistance of counsel and that section 11-501(a)(6) of the Illinois Vehicle Code violated his right to due process. In a prior opinion, the appellate court reversed defendant’s conviction by finding that trial court had failed to protect his right to a speedy trial. The State filed a petition for leave to appeal, which was granted, and the Supreme Court reversed the appellate court. The matter was remanded to the appellate court for consideration of the second issue. The appellate court affirmed, finding under the rational basis test that at the time of the offense section 11-501(a)(6) bore a reasonable relationship to the legislative objective of keeping cannabis-impaired drivers off of the road and, as such, that it did not violate defendant’s right to due process. (LYTTON and HOLDRIDGE, concurring)
Illinois Appellate Court
Criminal Court
Due Process