legislature added aggravating factors (Illinois) · Go Syfert
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legislature added aggravating factors in Illinois

10 Illinois opinions name it 2 courts 2009–2022 1 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
People v. Quigleygreen
ill · 1998 · cited in 7 Illinois opinions naming this issue, 2009–2022
2 sentences

2018The legislature added aggravating factors that change[ ] the misdemeanor DUI to a Class 4 felony.’ ” Id. (quoting People v. Quigley, 183 Ill. 2d 1, 10 (1998)). “ ‘The essential and underlying criminal act, however, remains the same: driving while under the influence.

2017The legislature added aggravating factors that change[ ] the misdemeanor DUI to a Class 4 felony.' " Id. (quoting People v. Quigley , 183 Ill.2d 1 , 10, 231 Ill.Dec. 950 , 697 N.E.2d 735 (1998) ). " 'The essential and underlying criminal act, however, remains the same: driving while under the influence.

37
People v. Waygreen
ill · 2017 · cited in 3 Illinois opinions naming this issue, 2018–2018
2 sentences

2018The legislature added aggravating factors that change[ ] the misdemeanor DUI to a Class 4 felony."); see also People v. Way , 2017 IL 120023 , ¶ 21, 417 Ill.Dec. 707 , 89 N.E.3d 355 . 4 ¶ 27 To obtain a conviction for aggravated DUI, the State is not required to prove that the marijuana or other drug in the defendant's system (or any impairment caused by such drug) was the proximate cause of the victim's injuries; rather, it must merely prove beyond a reasonable doubt that the defendant's driving was a proximate cause of his or her injuries.

2018The legislature added aggravating factors that change[ ] the misdemeanor DUI to a Class 4 felony."); see also People v. Way , 2017 IL 120023 , ¶ 21, 417 Ill.Dec. 707 , 89 N.E.3d 355 . 4 ¶ 27 To obtain a conviction for aggravated DUI, the State is not required to prove that the marijuana or other drug in the defendant's system (or any impairment caused by such drug) was the proximate cause of the victim's injuries; rather, it must merely prove beyond a reasonable doubt that the defendant's driving was a proximate cause of his or her injuries.

33

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
People v. Martin green
ill · 2011
2 sentences

2018Martin , 2011 IL 109102 , ¶¶ 20-28, 353 Ill.Dec. 247 , 955 N.E.2d 1058 ; see also id. ¶ 25 (ruling that, when an aggravated DUI charge is based on a violation of a strict liability DUI provision that does not require proof of impairment, the aggravated DUI provision "requires a causal link only *244 between the physical act of driving and" another person's injury or death).

2018The legislature added aggravating factors that change[ ] the misdemeanor DUI to a Class 4 felony.’ ” Id. (quoting People v. Quigley, 183 Ill. 2d 1, 10 (1998)). “ ‘The essential and underlying criminal act, however, remains the same: driving while under the influence.

42018–2018
People v. Martin green
ill · 2011
2 sentences

2018Martin , 2011 IL 109102 , ¶¶ 20-28, 353 Ill.Dec. 247 , 955 N.E.2d 1058 ; see also id. ¶ 25 (ruling that, when an aggravated DUI charge is based on a violation of a strict liability DUI provision that does not require proof of impairment, the aggravated DUI provision "requires a causal link only *244 between the physical act of driving and" another person's injury or death).

2017The legislature added aggravating factors that change[ ] the misdemeanor DUI to a Class 4 felony.' " Id. (quoting People v. Quigley , 183 Ill.2d 1 , 10, 231 Ill.Dec. 950 , 697 N.E.2d 735 (1998) ). " 'The essential and underlying criminal act, however, remains the same: driving while under the influence.

22017–2018

Statutes the citing opinions construe

IL § 625 ILCS 5/11-501 (9)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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