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People v. Jendrzejak

JULY 17, 1968.

PEOPLE OF THE STATE OF ILLINOIS, APPELLEE,

v.

ANTHONY

v.

JENDRZEJAK, APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. JAMES L. OAKEY, JR., Judge, presiding. Affirmed.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

CRIME CHARGED

Driving while under the influence of intoxicating liquor. (Ill Rev Stats (1967), c 95 1/2, § 144.)

JUDGMENT

After a bench trial, defendant was found guilty and fined $200.

CONTENTIONS ON APPEAL

(1) Defendant was denied a fair trial because of the admission into evidence of a statement which had been obtained from him in violation of his constitutional rights.

(2) Defendant was not proven guilty beyond a reasonable doubt.

EVIDENCE *fn1

AT A HEARING ON DEFENDANT'S MOTION TO SUPPRESS EVIDENCE.

Leonard Ruksha, arresting officer.

When he came to the scene of the accident, and was investigating what had happened, defendant admitted driving. Defendant made this statement before he was restrained or arrested.

(Defendant's motion to suppress was denied.)

AT THE TRIAL

Leonard Ruksha, for the State.

He was a police officer. At 2:17 a.m., April 8, 1966, he saw a car in the ditch along Austin Boulevard at 92nd Street. Defendant was standing on the roadway. Ruksha investigated to determine how the car got in the ditch and who owned it. Defendant stated that he was the owner and driver of the automobile. Thereupon, Ruksha arrested defendant and took him to the Oak Lawn police station.

Ruksha made the following observations regarding defendant: (1) There was a strong odor of alcohol on his breath; (2) he was talkative, insulting, and cocky; and (3) his speech was mumbled and "mush-mouthed." On intoxication performance tests his balance was wobbly, his walking was staggering, his turning was swaying, and on the finger-to-nose test he completely missed with both hands. Defendant refused to take the coin test. He also refused to answer any questions from the Alcoholic Influence Report Form. In Ruksha's expert opinion, defendant was unfit to drive because he was under the influence of intoxicating liquor.

Anthony V. Jendrzejak, defendant.

He and his wife were at a social gathering on the evening of April 7. He had imbibed sufficient alcohol to have been, in his own opinion, unfit to drive. For this reason his wife took the wheel for the trip home while he slept in the car. He awoke to find the car in the ditch. He quarreled with his wife, who then departed, leaving him alone standing in the roadway where ...


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