§ 1.2 Affirmative Defense
§ 1.2-1 Insanity Defense Not Applicable
People v. Avery, 277 Ill. App. 3d 824, 661 N.E.2d 361, 214 Ill. Dec. 507 (1st Dist. 1996). Defendant was charged and convicted of aggravated DUI because he was driving his vehicle when his blood alcohol concentration was .10 or more based on the definition of blood and breath units. The trial court precluded the defense from establishing an insanity defense because the charge is an absolute liability offense. The appellate court affirmed, finding no mental state was required and the statute was a reasonable exercise of police power and did not violate due process.
People v. Dipace, 354 Ill. App. 3d 104, 818 N.E.2d 774, 288 Ill. Dec. 839 (2d Dist. 2004). Defendant...
