Judges disagree on mandatory jail sentence

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted July 6, 2020 10:06 AM

Unanimously criticizing the Illinois General Assembly for sloppy draftsmanship, the Appellate Court split on whether Section 11–501(c)(3) of the Vehicle Code mandated a six-month jail sentence for Brandy M. Rowell when she was sentenced for driving under the influence while a child under the age of 16 was in her vehicle.Driving a vehicle when the concentration of alcohol in your blood is 0.08 or more (Section 11–501(a)(1)), is a Class A misdemeanor (Section 11–501(c)(1)), and the array of punishments the Unified Code of …

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