In prosecution by village, defendant was convicted following a bench trial in the Circuit Court, of driving under the influence (DUI) of cannabis, which conviction turned on issue of whether defendant could safely drive during driver’s education lesson in high school.
Defendant appealed. The Appellate Court affirmed. Defendant petitioned for leave to appeal.
The Supreme Court held that:
- Although Vehicle Code provides that a municipality must have written permission from the state’s attorney to prosecute a violation of the Code, Code does not impose an affirmative duty on a municipality to provide evidence of its written permission in the record of such a prosecution, and
- Evidence was sufficient to support DUI conviction.