People v. Mayo

PRESIDING JUSTICE UNVERZAGT

delivered the opinion of the court:

Defendant, Jon P. Mayo, appeals his conviction of driving under the influence of alcohol (DUI) (Ill. Rev. Stat. 1987, ch. 951/2, par. 11— 501(a)(2)). He contends the trial court erred in giving a jury instruction based on section 11 — 501.5 of the Illinois Vehicle Code (Ill. Rev. Stat. 1989, ch. 951/2, par. 11 — 501.5, formerly Ill. Rev. Stat. 1987, ch. 95V2, par. 11 — 501.4) when there was no evidence adduced at trial to support the instruction.

At the trial, Officer Martin Shields of the Downers Grove police force testified that…