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03/04/88 the People of the State of v. Mary P. Wingren

March 4, 1988

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT

v.

MARY P. WINGREN, DEFENDANT-APPELLEE



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

521 N.E.2d 130, 167 Ill. App. 3d 313, 118 Ill. Dec. 62 1988.IL.297

Appeal from the Circuit Court of Du Page County; the Hon. Thomas Callum, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE LINDBERG delivered the opinion of the court. INGLIS and UNVERZAGT, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LINDBERG

The State appeals the granting by the circuit court of Du Page County of the motion to quash arrest and suppress evidence of defendant, Mary Wingren. Defendant was arrested for DUI in violation of sections 11-501(a)(1) and (a)(2) of the Illinois Vehicle Code (Ill. Rev. Stat. 1983, ch. 95 1/2, pars. 11-501(a)(1), (a)(2)) and driving without a valid license in violation of section 6-101 of the Vehicle Code (Ill. Rev. Stat. 1983, ch. 95 1/2, par. 6-101). We reverse and remand.

The arresting officer, Mark Suchomel, testified that he is employed by the Willowbrook police department and was called to the vicinity of 704 73d Court in Willowbrook. It was raining heavily and the rain was turning to sleet. He observed a blue Honda automobile in the backyard of the house at the address, approximately 50 to 60 feet behind the house. He pulled into the driveway and went to the house. The driver of the vehicle was in the car and attempting to rock the vehicle out of the mud. The two nearest streets were in front of and behind the property. The car was about 30 feet from the road behind the property and 80 to 100 feet from the road fronting the property.

While standing near the rear door of the residence, the officer observed a woman exit the vehicle. After a short conversation with the officer, she returned to the vehicle. He identified defendant as the woman he saw that night. Defendant had asked the officer to push her car out, but he recalled stating that it would be impossible. She returned to the car and again attempted to rock it out of the mud. The officer returned to his vehicle and drove it around the block to the street behind the residence and closer to defendant's vehicle. He asked her to step over to his vehicle. The area was lawned backyard except where her vehicle made muddy tire tracks.

Due to the weather conditions, the officer asked defendant if she would like to sit in his car. They discussed calling a tow truck. The officer told her he was taking her to the station because she had no valid driver's license and to give her performance tests. He did not see her vehicle drive on a public highway.

On cross-examination, the officer testified that when she came back to his vehicle, he asked to see her driver's license. She was unable to produce one, stating that it was at home.

Defendant testified that she resides in Willowbrook and that at 11:15 p.m. on March 3, 1985, she was in her automobile, which was stuck on the driveway of a home at 704 73d Court in Willowbrook. The home was owned by friends of her husband's family. She was trying to get the car out of the mud, rocking it back and forth. She saw the officer and asked him to help push her car out. The officer told her it was not his job. She got back in the car and again tried to move it. She again exited her vehicle and was asked by the officer to come over to his squad car. He asked her for identification. She returned to her car to get her purse and proceeded to look for her license. He asked her to get in the vehicle and asked her name. She told him both her name and address. He did not give her any performance tests at the scene. He did ask her to perform sobriety tests at the station. She performed the heel-to-toe test exactly as told, walking right down the line, turning, and walking back without swaying or losing her balance.

She also performed the finger-to-nose test, touching her nose with the tip of each finger. The officer then asked defendant to take a breathalyzer test. She asked if she could call her husband. She did and he came down to the station. Defendant, her husband and another police officer had a conversation. This officer, who was not the arresting officer, told her that if she didn't take the test she would lose her licence. She went back to the arresting officer and told him she would take the test. She felt that she had no choice. She was of the opinion that she was not drunk on the evening in question.

On cross-examination, defendant testified that the officer asked her for her license and then ran a check and told her the license was expired. She testified that she told him she knew. He then asked her to accompany him to the station. He did not tell her she was under arrest for that offense. She was issued a citation for the offense of no valid driver's license. She did not recall telling the officer that she had been driving to meet her husband, and she's sure she mentioned something about that. She didn't recall telling the officer that she had been driving the vehicle earlier that evening. The arresting officer did not read implied consent warnings to defendant. She did not know the name of the officer who allegedly told her she had to take the test. The arresting officer administered the breath test.

The State also called Officer Suchomel as its witness. He testified that he parked his vehicle in the driveway and approached the residence and heard a car engine in the backyard. He observed a blue Honda in the backyard of the residence accelerating back and forth. There were tire tracks in the backyard lawn, starting at the end of the gravel driveway leading to where the car was situated. He spoke with the residents of the house concerning why he was summoned to the house. Defendant exited the vehicle and approached the officer. He asked her what happened. She said that she had a fight with her husband and was on her way to her in-law's home when she turned down the driveway thinking it was a street and ended up in the backyard. She was wet from ...


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