Third District Illinois Appellate Court Reverses Agg Dui Conviction

In this case, the defendant was driving below the posted speed limit on a dark rural road where a teenager was walking near the middle of the road wearing all black with nothing reflective. This child tragically was struck and the defendant was charged with aggravated DUI because of THC metabolite being in the defendant’s system from use days before. The defendant passed all field sobriety tests and showed no signs of impairment.

After a stipulated bench trial since virtually no facts were contested, the trial judge found the defendant guilty and sentenced him to two years IDOC.

The appellate court reversed, agreeing with the defendant that the State needed to provide evidence that the Defendant’s driving was the proximate cause of the accident, which the prosecution argued at trial was unnecessary.All of the evidence indicated that the girl’s reckless behavior was the sole proximate cause of the accident, so the appellate court reversed.

The case is People v. Mumaugh

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