People v. Brener

On July 25, 2003, a Jo Daviess County grand jury indicted defendant, Thomas M. Brener, on two counts of aggravated driving under the influence of alcohol (625 ILCS 5/11 — 501(d)(1)(C) (West 2002)). On April 20, 2004, the trial court dismissed the charges as violations of defendant’s right against double jeopardy. The State appeals. We affirm.

I. BACKGROUND

In Jo Daviess County, on June 26, 2003, defendant and his sister hooked up a trailer to defendant’s truck. Defendant, who had been drinking alcohol, then entered his truck and drove off to search for his brother’s broken-down motorcycle.…