People v. Merritt

Defendant, Melissa A. Merritt, appeals her conviction for aggravated driving under the influence (DUI) (625 ILCS 5/11— 501(d)(1)(C) (West 2000)), asserting the State failed to prove that her alcohol consumption was a proximate cause of another’s injuries. We affirm.

I. BACKGROUND

On November 10, 2000, at about 5:20 p.m., defendant was driving her van southbound on Towanda Avenue in Bloomington, Illinois, when she hit the victim, John Stevens, as he jogged across the road wearing headphones. The victim died from the injuries he sustained in the accident. A Breathalyzer test conducted at 7:12…