Village of Lincolnshire v. Olvera

Summary

The Illinois Supreme Court affirmed Olvera’s DUI conviction, holding that the governing statute required the Village to obtain written prosecutorial permission but did not require it to introduce that permission into the trial record. The court also held that, viewing the evidence favorably to the prosecution, a rational fact finder could conclude beyond a reasonable doubt that cannabis impaired Olvera to a degree that made him incapable of driving safely. The court rejected Olvera’s forfeited plain-error challenge because the Village’s failure to place the permission in the record was not error.