People v. Kucavik

The State charged defendant, Shirley Kucavik, with driving under the influence of alcohol. Defendant filed a notice of intent to assert the defense of necessity. At trial defendant stipulated that she drove a vehicle while intoxicated. The State read defendant’s stipulation to the jury and rested its case-in-chief. Defendant testified on her own behalf. At the close of all evidence, the circuit court of Peoria County refused to instruct the jury as to the defense of necessity. The jury found defendant guilty and the court convicted defendant, sentenced her to 12 months’ conditional discharge,…