In re T.A.B

In In re T.A.B., 181 Ill. App. 3d 581, 537 N.E.2d 419, 130 Ill. Dec. 352 (1989), the respondent was convicted of criminal damage to property after he took his foster father's car, drove 70 miles per hour, and clipped the bumper of another car before hitting a telephone pole. The respondent testified that when he saw the other car, he attempted to shift gears to slow down but was unable to do so, and then he hit the brakes, but the tires locked. On appeal, the respondent argued that the State failed to establish the requisite mental state, since he did not "knowingly" damage either car. The court held that although the evidence indicated that the respondent was driving at a "highly excessive" rate of speed, "it cannot be said that he was consciously aware that he was practically certain to damage the two automobiles in question as a result." T.A.B., 181 Ill. App. 3d at 585. He did not deliberately damage either car since he did swerve in an attempt to avoid hitting the other car. T.A.B., 181 Ill. App. 3d at 585. "While traveling 70 miles per hour on a street with a speed limit of 35 miles per hour would substantially increase one's chance of becoming involved in an accident, it would not make such an occurrence a practical certainty." T.A.B., 181 Ill. App. 3d at 585. The respondent's conduct may have been negligent or even reckless, but the evidence failed to demonstrate that he knowingly damaged either car. T.A.B., 181 Ill. App. 3d at 585.