Case Law Update – Traffic Law – Actual Physical Control for a DUI Arrest

In People v. Cox, 2020 IL App (2d) 171004, Defendant appealed his conviction for driving under the influence of alcohol pursuant to 625 ILCS 5/11-501(a)(1), asserting that the State did not prove him guilty beyond a reasonable doubt, because the evidence showed that he was merely standing outside a running vehicle that another person was equally capable of entering. The Appellate Court affirmed the trial court holding that the defendant was in “actual physical control” of the vehicle given his proximity (standing next to the driver’s side door) to a running vehicle. The Appellate Court further found that the state need not prove that he was the owner of the vehicle or that he was the only person who could have exerted control over it for a finding of guilty, just that he had the “actual physical control” as occurred in this case.