People v. Wehrwein

I respectfully dissent. I disagree with that part of the majority’s holding which affirms the trial court’s finding that defendant possessed the requisite mens rea to violate the Illinois Vehicle Code (hereafter Act) (Ill. Rev. Stat. 1987, ch. 95½, par. 1 — 100 et seq.).

However, before I set forth the reasons for my disagreement, I will briefly address the State’s contention that the matter is waived on appeal on the grounds that defendant failed to renew his motion for a directed finding at the close of all the evidence. I would invoke the plain error doctrine (see People v. Enoch (1988),…