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02/03/89 the People of the State of v. Donald A. Hughes

February 3, 1989

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT

v.

DONALD A. HUGHES, DEFENDANT-APPELLEE



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

536 N.E.2d 71, 181 Ill. App. 3d 300, 129 Ill. Dec. 387 1989.IL.128

Appeal from the Circuit Court of Kane County; the Hon. Barry E. Puklin, Judge, presiding.

APPELLATE Judges:

JUSTICE McLAREN delivered the opinion of the court. INGLIS and REINHARD, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCLAREN

The State appeals from the trial court's order granting defendant's mid-trial motion to suppress evidence.

On July 3, 1987, at approximately 5:30 p.m., defendant, Donald A. Hughes, was involved in a traffic accident in which the truck he was allegedly driving tipped over near an intersection. Several police officers arrived and defendant was taken into custody. Defendant was charged with driving under the influence of alcohol and five other traffic offenses. After defendant refused to take the breathalyzer test, he was read his Miranda rights. The defendant filed a mid-trial motion to suppress all statements made before the Miranda rights were given. Although the State agreed to hold a hearing during the trial, the State argued at the close of the evidence that the motion was not timely.

The trial court conducted the hearing on defendant's motion and granted the motion to suppress. The trial court determined that defendant was in custody shortly after the officers arrived at the scene of the accident and thus should have been given his Miranda rights before any questioning took place. The court also found that, under the circumstances of the case, the mid-trial motion to suppress was timely filed. This appeal followed.

The State called three eyewitnesses to the stand before calling deputy sheriff Thomas L. Bumgarner. Deputy Bumgarner testified that he responded to a call concerning the accident. After arriving at the scene, a fellow police officer from a different jurisdiction informed Deputy Bumgarner that the defendant was in his custody. It was at this point in the trial that counsel for defendant made a motion to suppress. Counsel stated that he was not aware defendant was in custody and, as such, defendant was entitled to be given his Miranda rights. The trial Judge decided to hear the motion in conjunction with the trial.

The testimony of Deputy Bumgarner resumed, and he testified that he informed defendant that he was investigating the accident. After questioning, defendant informed Deputy Bumgarner that he was the driver of the vehicle. The deputy then administered a field sobriety test, which defendant failed. Defendant admitted drinking "some beers" at lunch. Defendant was then arrested by Bumgarner and taken to the jail, where he was read his Miranda rights. After being read his rights, defendant admitted to drinking four or five beers at lunch and also stated that he was not the driver of the vehicle. Defendant stated that the passenger, Danny Salazar, paid defendant $100 to admit being the driver when initially questioned.

Defendant also testified at the suppression hearing. Defendant stated that Officer Dick Rust advised him that he was under arrest at the scene of the accident. Defendant testified:

"Q. [Defense counsel]: What did he [Officer Rust] say?

A. [Defendant]: He asked me for my ...


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