People v. McPeak

Samuel W. McPeak appeals his conviction of driving under the influence of cannabis (DUI) under section 11 — 501(a)(6) of the Illinois Vehicle Code (625 ILCS 5/11 — 501(a)(6) (West 2004)), contending that there was insufficient evidence to convict him, because there was no evidence of the presence of cannabis “in [his] breath, blood, or urine” as required by that section. We agree that there was a lack of evidence that there was cannabis in McPeak’s breath, blood, or urine when he was driving. Accordingly, we reverse.

I. BACKGROUND

In 2005, McPeak was charged with DUI and possession of drug…