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People v. Haney

APRIL 10, 1968.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

EARL K. HANEY, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. PAUL G. CEASAR, Judge, presiding. Affirmed.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

Rehearing denied May 17, 1968.

CRIME CHARGED

Driving while under the influence of intoxicating liquor. *fn1

JUDGMENT

After a bench trial, defendant was found guilty and fined $100.

CONTENTIONS ON APPEAL

(1) The information does not charge a crime.

(2) The evidence does not prove defendant's guilt beyond a reasonable doubt.

(3) The court erred in sustaining the State's objection to a line of cross-examination designed to reveal bias on the part of the arresting officer.

EVIDENCE

Vincent Sodaro, for the State

On the morning of December 27, 1965, Sodaro, a police officer, was proceeding in a squad car west on West 95th Street, Oak Lawn, when he observed that as defendant's car approached from the opposite direction, it crossed the center line, causing Sodaro to pull onto the right shoulder of the road to avoid a collision. He thereupon turned the squad car around and pursued defendant. As the squad car drew alongside defendant's car, defendant did not stop immediately but continued driving on the right shoulder. When defendant stopped and got out of his car, he was staggering and holding on to the door. Sodaro also smelled the odor of alcohol.

Sodaro then took defendant to the Oak Lawn police station, observing the manner in which defendant walked from the squad car to the station, a distance of 150 to 200 feet. On the basis of his observation, he found that defendant was very belligerent, his walking was very bad, his balance was at all times swaying and wobbly, his speech was thick-tongued, and his eyes were bloodshot. Sodaro was an experienced police officer, having made 500 such arrests over a period of eight years. In his opinion, defendant was under the influence of intoxicating liquor and was unfit to drive. At ...


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