People v. Gonzalez

Defendants, Juan Gonzalez and Tye Nenycz, were charged with aggravated driving under the influence of alcohol in violation of section 11 — 501 of the Illinois Vehicle Code (625 ILCS 5/11 — 501(d)(1)(G), (d)(1)(H) (West 2006)). Gonzalez allegedly committed the offense on March 20, 2006, and Nenycz is alleged to have commited the offense on February 4, 2006. The circuit court granted defendants’ motions to dismiss, holding that subsections (d)(1)(G) and (d)(1)(H), enacted by Public Act 94 — 329 (Pub. Act 94 — 329, eff. January 1, 2006) were not embodied in section 11 — 501 at the time the…