Monday, June 7, 2010

Driving While License Revoked (DWLR) offense was not a lesser-included offense of aggravated DUI.People v. Nunez Filed 3-18-10

The fact that Defendant’s driver’s license was revoked at the time he drove while under the influence is not an element of the DUI offense, but rather it was a factor that served to enhance the sentence classification from a misdemeanor to a Class 3 felony DUI. As a matter of law, Defendant’s Driving While License Revoked (DWLR) offense was not a lesser-included offense of aggravated DUI.

Following a bench trial in the circuit court of Cook County, defendant Jorge Nunez was convicted of one count of aggravated driving under the influence of a drug or combination of drugs during a period in  which his driver’s license was suspended or revoked (aggravated DUI), in violation of sections 11–501(a)(4) and (c–1)(2.1) of the Illinois Vehicle Code (Vehicle Code) (625 ILCS 5/11–501(a)(4),  (c–1)(2.1) (West 2006)), and one count of driving while his driver’s license was suspended or revoked (DWLR), in violation of section 6–303(d) of the Vehicle Code (625 ILCS 5/6–303(d) (West 2006)).  Defendant was sentenced to two concurrent terms of two years’ imprisonment.

No. 108189 People v. Nunez

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