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10 Illinois opinions name it 1 courts 2011–2025 5 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.
| Case | Followed | Cited |
|---|---|---|
People v. Thompsongreen2 sentences2021See id. at 364 (citing 625 ILCS 5/11-501(d)(1)(A) (West 1998) (a person convicted of DUI is guilty of aggravated DUI if “(A) the person committed a violation of this Section *** for the third or subsequent time”). 2016Under section 11-501(d)(1)(A) of the Vehicle Code, “a person convicted of DUI [was] guilty of aggravated DUI if ‘(A) the person committed a violation of this Section *** for the third or subsequent time.’ ” (Emphases in original.) Thompson, 328 Ill. | 1 | 2 |
People v. Taylorgreen2 sentences2011People v. Taylor, 221 Ill.2d 157, 162 , 302 Ill.Dec. 697 , 850 N.E.2d 134 (2006). ¶ 10 Section 11-501 of the Illinois Vehicle Code provides, in relevant part: "(a) A person shall not drive or be in actual physical control of any vehicle within this State while: * * * (2) under the influence of alcohol; * * * (d) Aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof. (1) Every person convicted of committing a violation of this Section shall be guilty of aggravated driving under the influence of alcohol, other dr 2011People v. Taylor, 221 Ill.2d 157, 162 , 302 Ill.Dec. 697 , 850 N.E.2d 134 (2006). ¶ 10 Section 11-501 of the Illinois Vehicle Code provides, in relevant part: "(a) A person shall not drive or be in actual physical control of any vehicle within this State while: * * * (2) under the influence of alcohol; * * * (d) Aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof. (1) Every person convicted of committing a violation of this Section shall be guilty of aggravated driving under the influence of alcohol, other dr | 1 | 2 |
People v. McBriengreen1 sentence2025This court has held “the mere reference in a charging instrument to an incorrect chapter or section of a statute is regarded as a formal rather than a substantive defect.” People v. McBrien, 144 Ill. | 1 | 1 |
People v. Sassgreen2 sentences2011See People v. Sass, 144 Ill.App.3d 163, 169 , 98 Ill.Dec. 623 , 494 N.E.2d 745 (1986); People v. Manikas, 106 Ill.App.2d 315, 319-20 , 246 N.E.2d 142 (1969). ¶ 9 Section 11-501(d)(1)(H) of the Code provides that a person commits aggravated driving under the influence when he or she drives under the influence and "the person committed the violation while he or she did not possess a driver's license or permit or a restricted driving permit or a judicial driving permit or a monitoring device driving permit." 625 ILCS 5/11-501(d)(1)(H) (West 2008). 2011See People v. Sass, 144 Ill.App.3d 163, 169 , 98 Ill.Dec. 623 , 494 N.E.2d 745 (1986); People v. Manikas, 106 Ill.App.2d 315, 319-20 , 246 N.E.2d 142 (1969). ¶ 9 Section 11-501(d)(1)(H) of the Code provides that a person commits aggravated driving under the influence when he or she drives under the influence and "the person committed the violation while he or she did not possess a driver's license or permit or a restricted driving permit or a judicial driving permit or a monitoring device driving permit." 625 ILCS 5/11-501(d)(1)(H) (West 2008). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Rosenbalm
neutral
2 sentences2024Subsection (H) elevates the penalty to a Class 4 felony where “the person committed the violation while he or she did not possess a driver’s license or permit or a restricted driving permit or a judicial driving permit or a monitoring device driving permit.” (Emphasis added.) Id. § 11-501(d)(1)(H). 7 ¶ 19 The Rosenbalm court noted that, although subsection (H) “does not expressly refer to a valid driver’s license, to read the statute to avoid application of the aggravating factor where a person possesses a revoked, suspended, or expired license would lead to absurd results.” Rosenbalm, 2011 IL 2012Rosenbalm, 2011 IL App (2d) 100243, ¶ 9 . | 2 | 2012–2024 |
People v. May
green
1 sentence2024People v. May, 2021 IL App (4th) 190893, ¶ 34 . | 1 | 2024–2024 |
People v. Carlson
green
1 sentence2023Section 11-501(d)(1)(A) provides: “(1) Every person convicted of committing a violation of this Section shall be guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof if: (A) the person committed a violation of subsection (a) or a similar provision for the third or subsequent time[.]” Id. § 11-501(d)(1)(A). | 1 | 2023–2023 |
People v. Manikas
green
2 sentences2011See People v. Sass, 144 Ill.App.3d 163, 169 , 98 Ill.Dec. 623 , 494 N.E.2d 745 (1986); People v. Manikas, 106 Ill.App.2d 315, 319-20 , 246 N.E.2d 142 (1969). ¶ 9 Section 11-501(d)(1)(H) of the Code provides that a person commits aggravated driving under the influence when he or she drives under the influence and "the person committed the violation while he or she did not possess a driver's license or permit or a restricted driving permit or a judicial driving permit or a monitoring device driving permit." 625 ILCS 5/11-501(d)(1)(H) (West 2008). 2011See People v. Sass, 144 Ill.App.3d 163, 169 , 98 Ill.Dec. 623 , 494 N.E.2d 745 (1986); People v. Manikas, 106 Ill.App.2d 315, 319-20 , 246 N.E.2d 142 (1969). ¶ 9 Section 11-501(d)(1)(H) of the Code provides that a person commits aggravated driving under the influence when he or she drives under the influence and "the person committed the violation while he or she did not possess a driver's license or permit or a restricted driving permit or a judicial driving permit or a monitoring device driving permit." 625 ILCS 5/11-501(d)(1)(H) (West 2008). | 1 | 2011–2011 |
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.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.