People v. Weathersby

Defendant, John J. Weathersby, appeals from his conviction of driving under the influence of alcohol (DUI) (625 ILCS 5/11 — 501(a)(2) (West 2004)) and from his sentence of 18 months’ supervision and court-ordered restitution, fines, and costs. On appeal, defendant argues that: (1) the State failed to prove him guilty beyond a reasonable doubt; (2) the trial court erred by admitting horizontal gaze nystagmus (HGN) testing into evidence without a Frye hearing; (3) the order of restitution to the Kane County DUI Task Force was improper; and (4) he is entitled to $80 credit toward his $200 fine.…