People v. Way

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Defendant drove over the center line of a road and struck head-on a truck driven by Wood, causing Wood, who was pregnant, great bodily harm and permanent disability, and great bodily harm to defendant’s passenger, her 14-year-old son. Defendant consented to blood and urine samples on the day of the accident. The urine test revealed the presence of tetrahydrocannabinol (THC) metabolite, which results from cannabis use. Before trial, defendant acknowledged that the state was not required to show impairment, but argued that she should be allowed to rebut the presumption of impairment and present an alternative basis for the cause of the accident. No medical records were presented. The defense later asserted that it would have presented evidence that defendant’s low blood pressure might have caused her to lose consciousness. The court rejected defendant’s claim, finding that the Vehicle Code indicated a legislative intent to require “strict liability as to the accident.” Defendant was convicted of aggravated driving under the influence (625 ILCS 5/11-501(a)(6), (d)(1)(C)). After reversal by the appellate court, the Illinois Supreme Court reinstated the trial court holding. The trial court erred in finding that defendant was barred, as a matter of law, from raising as an affirmative defense that the accident was caused solely and exclusively by a sudden unforeseeable medical condition that rendered defendant incapable of controlling her car. Defendant, however, failed to make an adequate offer of proof to support this affirmative defense View "People v. Way" on Justia Law

Posted in: Criminal Law

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