APPEAL from the Circuit Court of Cook County; the Hon. JAMES
L. OAKEY, JR., Judge, presiding.
MR. JUSTICE DRUCKER DELIVERED THE OPINION OF THE COURT:
Defendant was found guilty of driving a motor vehicle while under the influence of intoxicating liquor, in violation of Section 47 of the Uniform Act Regulating Traffic on Highways. (Ill. Rev. Stat. 1967, ch. 95 1/2, par. 144.) The court imposed a fine of $100 and $5 costs. Defendant contends that the State failed to prove him guilty beyond a reasonable doubt.
Testimony of Officer Walter Jones, for the State:
He did not see the accident. The result of his investigation, a conversation with the defendant, was that the defendant was traveling eastbound on 72nd Street and struck a parked vehicle facing east on 72nd Street. The defendant admitted he was the driver of the car. Jones then stated:
"From my field observation of the defendant, I observed an odor of strong alcoholic beverages on the defendant's breath. Color of his face was normal. His attitude was cooperative. His walk was swaying. His turning was staggering. He had no abnormal behavior. Observable defects show none and his eyes was bloodshot and he had a poor reaction to light and his clothes was orderly. Unusual actions there was none. His balance was swaying and his speech was fair."
He then arrested the defendant and transported him to the police station.
He has been with the police department 22 1/2 years and he has seen 2000 or more persons under the influence. His opinion is that at the date and time in question the defendant was under the influence of intoxicating beverages.
On cross-examination he stated he didn't know how the defendant normally spoke, walked or turned. The effects of alcohol on the defendant were "moderate." The defendant was cooperative and polite. Th witness could not recall whether the defendant told him that he was cut off by a taxicab.
Testimony of Ivory Williams, defendant, in his own behalf:
He was employed by the United Airlines for five years.
Prior to the accident he was in a bar for 20 minutes and consumed one highball. He then left the bar and drove home.
Near his home a taxi pulled around the corner and was "doing about 35" driving down the middle of the street. He pulled his car to the right side of the street to avoid the taxi and struck a parked car.
He then parked his car in the nearest available space, around the corner, and walked to the Andersons' house (owner of the parked car). He met Mr. Anderson on the street and they walked back to the house together. He "felt pretty bad" and was "shook up" from the accident. In his opinion he was not under the ...