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City of Highland Park v. Block

OPINION FILED MAY 2, 1977.

THE CITY OF HIGHLAND PARK, PLAINTIFF-APPELLEE,

v.

HARRY R. BLOCK, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Lake County; the Hon. WILLIAM D. BLOCK, Judge, presiding.

MR. JUSTICE GUILD DELIVERED THE OPINION OF THE COURT:

In a jury trial the defendant, Harry R. Block, was convicted of driving while under the influence of intoxicating liquor in violation of chapter 71, section 71.105 of the City of Highland Park ordinances. He was fined $25.

In this appeal the defendant has raised eight issues. For the purposes of convenience they are itemized as follows:

1. Whether the defendant who was driving while intoxicated on a private driveway of a private residence could be convicted under the city ordinance where there was no enabling ordinance governing traffic on private driveways, it being contended that by virtue of the Illinois Vehicle Code traffic regulations over private driveways or private streets may be promulgated only upon the written request of the owners thereof.

2. Whether proper foundation was laid for the admission of the results of a breathalyzer machine test.

3. Whether the trial court improperly limited cross-examination of one of the city's witnesses.

4. Whether a voluntary and alleged prejudicial comment by a witness for the City of Highland Park constituted reversible error.

5. Whether there was a violation of the Miranda rule where the defendant requested the service of a lawyer and the police officer administered a "performance test" before the lawyer was available.

6. Whether the trial court's remarks directed to the defense attorney were disparaging and sufficiently gross to deny defendant a fair trial.

7. Whether the trial court erred in refusing to allow defense counsel to rehabilitate the defendant's witness after cross-examination tended to show the witness was biased.

8. Whether the defendant received a fair trial under the United States and Illinois constitutions.

The principal contention of the defendant in this appeal appears to be that the offense of driving while intoxicated may not be committed on private property. As a part of this contention defendant cites section 11-209.1 of the Illinois Vehicle Code (Ill. Rev. Stat. 1973, ch. 95 1/2, par. 11-209.1). While it is true that section 11-209.1 deals with the regulation of traffic upon private roads and further provides that such regulation may be adopted upon the written request of the owners of the private property involved, we find that the same does not apply factually to the situation before us. The City of Highland Park's ordinance provides, in pertinent part:

"No person who is under the influence of intoxicating liquor may drive or be in actual physical control of any vehicle within the City of Highland Park."

This wording parallels that used in section 11-501)a) of the Illinois Vehicle Code (Ill. Rev. Stat. 1973, ch. 95 ...


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