Illinois v. McPeak

927 N.E.2d 312, 399 Ill. App. 3d 799, 339 Ill. Dec. 771 (2010)

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Illinois v. McPeak

Illinois Appellate Court
927 N.E.2d 312, 399 Ill. App. 3d 799, 339 Ill. Dec. 771 (2010)

Facts

Samuel McPeak (defendant) was pulled over for a routine traffic stop. During the stop, the police officer noticed that McPeak smelled like burnt marijuana. McPeak admitted to consuming a small amount of marijuana approximately one hour earlier, and a pipe containing burnt marijuana residue was found in McPeak’s car. McPeak was arrested and charged with the per se driving under the influence (per se DUI) law, which prohibits driving with unlawfully consumed marijuana in one’s blood, breath, or urine. McPeak was convicted and appealed, arguing that the state did not prove that McPeak had marijuana in his blood, breath, or urine.

Rule of Law

Issue

Holding and Reasoning (Jorgensen, J.)

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