People v. Zegiel

Defendant, Albert Zegiel, appeals from an order of the trial court that denied his motion to dismiss three traffic offenses on the grounds of double jeopardy, res judicata, and compulsory joinder. Defendant’s sole appellate contention is that the doctrine of collateral estoppel bars the State from prosecuting him for driving while under the influence of alcohol (DUI), because in his prior trial for reckless homicide arising from the same traffic accident underlying the DUI charge, the trial court made a finding of ultimate fact that he was not intoxicated at the time of the accident. We…