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Criminal Law Keyed to Gershowitz
People v. Eyen
Citation:
683 N.E.2d 193, 291 Ill. App. 3d 38.Facts
On April 8, 1995, at approximately 1 a.m., Officer Olsen noticed defendant pushing his car from the driver’s side with the driver’s door open. No other passengers were in defendant’s car, and no other people were in the area. When he approached defendant, Officer Olsen noticed that the defendant was intoxicated.
Officer Olsen also observed that defendant’s car was missing its front license plate and that the car’s front bumper and hood were damaged. Officer Olsen asked defendant whether defendant had been driving the vehicle, and defendant responded, “No, I don’t drive drunk.” Defendant added that someone else had been driving the car, but defendant was unable to provide Officer Olsen with this other person’s name. After observing a large amount of oil leaking from defendant’s car, Officer Olsen looked under the car and found extensive damage to the car’s undercarriage. Officer Olsen asked defendant whether defendant’s engine had locked up, and defendant responded, “No, I shut it off.”
After placing defendant under arrest, Officer Olsen searched defendant and found the car keys in the front right pocket of defendant’s pants. Officer Olsen testified that he never saw defendant actually driving the car, but that the car needs to be in neutral in order to be pushed.
Defendant was convicted of driving while under the influence of alcohol. He appealed, arguing that the State failed to prove that defendant was driving his car. The lower court reversed.
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