DWLS Not Included in Aggravated DUI

Case NamePeople v. Eastin (.pdf)

Court: Appellate Court of Illinois, Fourth District

Date Decision Filed: 12/23/09

In this case, the appellate court discussed whether driving with a suspended license is a lesser-included offense of aggravated DUI when the reason for elevation of the DUI to aggravated DUI is that the DUI occurred while the defendant had a suspended license.  The appellate court held that it is not a lesser-included offense.  The crime is DUI; the aggravating factor (suspended license) is a sentencing matter and not an element of the crime.

Jeremy Richey

Jeremy J. Richey, Attorney at Law
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