People v. Hostetter

In November 2006, a jury found defendant, Chad A. Hostetter, guilty of driving under the influence (DUI) (625 ILCS 5/11 — 501(a)(2) (West 2006)). In January 2007, the trial court sentenced defendant to 24 months’ probation with the condition that he serve 30 days’ imprisonment with credit for 15 days served.

Defendant appeals, arguing the State (1) committed plain error when, during direct examination and the State’s case in chief, the State elicited testimony that defendant invoked his right to silence by asking for an attorney and (2) failed to prove him guilty beyond a reasonable doubt.

Becau…