§ 6.4 Knowledge

• Library: Illinois DUI and Traffic-Related Decisions (2016 Ed.)

§ 6.4 Knowledge

People v. Hileman, 185 Ill. App. 3d 510, 541 N.E.2d 700, 133 Ill. Dec. 489 (5th Dist. 1989). To support a conviction for a charge under 11-402, the prosecution is required to prove the accused had knowledge that the vehicle, he was driving was involved in an accident. Defendant properly was found to have knowledge that he was in an accident.

People v. Digirolamo, 179 Ill. 2d 24, 688 N.E.2d 116, 227 Ill. Dec. 779 (1997). Following a jury trial, defendant was convicted of leaving the scene of an accident involving death. The appellate court reversed, and defendant was granted a new trial because the jury was not instructed that to convict defendant, it must be shown defendant knew that an accident or collision involving a person had occurred. The Supreme Court affirmed the appellate court, finding that in light of the legislature's focus on requiring a driver to render aid to an injured person, this rule was consistent with the legislature's intent to require a driver to have knowledge that the accident involved another person.

People v. Bennett, 329 Ill. App. 3d 502, 769 N.E.2d 117, 263 Ill. Dec. 915 (2d Dist. 2002). After a bench trial, defendant was convicted of the murder of Gerald Baertschi and failure to report an accident involving personal injury or death. Defendant had struck the victim with his van and left the scene. Defendant's defense that he had been attacked, an object had been thrown at his vehicle as he tried to leave the parking lot, he had no knowledge of people to his right, he did not know the victim, and did not have a tire iron in his hands was rejected by the trial court. He was never sentenced on the leaving the scene charge. On appeal defendant claimed a finding of first-degree murder was inconsistent with a guilty finding of failure to report an accident involving personal injury or death. Defendant argued the charge of failure to report only applies to occurrences involving an "accident," while the charge of first-degree...