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06/23/89 the People of the State of v. Frankie Knott

June 23, 1989

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

FRANKIE KNOTT, DEFENDANT-APPELLANT



Before addressing that contention, we note that the State has filed a motion to strike parts of the defendant's brief which rely on matters outside the record. To the extent the defendant relies on matters outside the record, we grant the State's motion.

APPELLATE COURT OF ILLINOIS, THIRD DISTRICT

545 N.E.2d 739, 189 Ill. App. 3d 790, 137 Ill. Dec. 86 1989.IL.977

Appeal from the Circuit Court of Warren County; the Hon. Scott Klukos, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE WOMBACHER delivered the opinion of the court. STOUDER and BARRY, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WOMBACHER

The trial court denied the defendant's motion to dismiss for failure to try her within 160 days (Ill. Rev. Stat. 1987, ch. 38, par. 103-5). The court subsequently found her guilty of driving under the influence of alcohol and driving with a breath-alcohol concentration of .10 or more (Ill. Rev. Stat. 1987, ch. 95 1/2, pars. 11-501(a)(2), 11-501(a)(1)). The defendant appeals.

The record shows that on March 29, 1986, the defendant, Frankie Knott, was charged by uniform traffic citation with driving under the influence of alcohol (Ill. Rev. Stat. 1987, ch. 95 1/2, par. 11-501(a)(2)). She immediately posted bond and was released. On April 24, 1986, the State moved without objection to also charge her by information with driving with a breath-alcohol concentration of .10 or more (Ill. Rev. Stat. 1987, ch. 95 1/2, par. 11-501(a)(1)). The defendant then pled not guilty on both counts and demanded a jury trial.

On February 11, 1987, the defendant filed a motion to dismiss for failure to try her within 160 days. Following a hearing, the court denied her motion. The defendant then waived her right to a jury trial and the case was set for a bench trial.

At the defendant's trial, Henry Jahde testified that on March 29, 1986, around 1:10 or 1:15 p.m., he saw two women in a gray, two-door Oldsmobile with Illinois dealer's license plate 901X. They were driving in a drunken manner, and when they exited the car at one point, the driver appeared to have trouble standing. Jahde described the driver as the shorter of the two women, with darker hair and wearing gray slacks and a dark top. He called the police and shortly thereafter told a responding officer the direction in which the car had gone.

Frank Bishop testified to seeing essentially the same events, though he stated that he could not identify the driver. He noted that he was at the police station when they brought the defendant in around 1:30 p.m. She appeared to be the same person who had been driving the gray car.

Monmouth police officer Dale Heiser testified that at 1:13 p.m. on March 29, 1986, he was dispatched to look for a gray car with license plate number DL 901X, being operated by a possibly intoxicated driver. He spoke with Jahde, then proceeded in the direction in which the gray car had gone. He subsequently saw a gray Oldsmobile with dealer plates pull up across from the Palace Tap. He watched two women exit from the car and saw that the defendant had been driving. Both women walked slowly and had poor balance. At 1:19 p.m., Officer Heiser went into the tavern, which he knew the defendant owned, and asked her to come outside so he could speak with her. The defendant came outside and admitted that she had been driving the gray Oldsmobile. She stated, however, that she had not done anything wrong. She explained that her erratic driving observed by Jahde and Bishop had been connected with her attempt to offer her brother-in-law a ride. Officer Heiser noticed that the defendant's speech was slurred, her eyes were bloodshot and watery, and her balance was poor. He believed she was intoxicated. Heiser then left to obtain signed complaints from the witnesses. After leaving statement forms with Jahde and Bishop, he returned to the tavern and arrested the defendant at 1:46 p.m. Heiser noted that he watched the defendant take a breath-alcohol test at 2:30 p.m., and that her result was .19.

Monmouth police officer Terry Owens testified that he administered the breath test to the defendant, that he was certified to do so, and that he followed all of the proper procedures. Officer Owens stated that the machine worked properly during the test and that the defendant's breath registered a .19 alcohol concentration. He further noted that from his observations of the defendant's behavior he believed she was intoxicated. Owens denied striking the machine and did not recall the defendant's having to blow into the machine more than once.

The defendant testified that on the day in question she went to the Hard Times tavern about 9 or 9:30 a.m. with her sister and brother-in-law. She had two or three alcoholic drinks, then left with her sister. She was driving a silver Chevrolet with a white vinyl top and dealer's plates. They subsequently spotted her sister's husband, who had left before them, and offered him a ride. They never got out of the car before they arrived at the Palace Tap. Arriving at the Palace Tap, they went inside. About 12:15 p.m., Officer Heiser entered and thereafter told her that if he obtained two signed complaints he would arrest her. Because she was nervous about being arrested, she drank 6 to 10 alcoholic drinks. Around 1:46 p.m., Heiser returned and arrested her. The defendant further testified that during the breath test, the officer administering it hit the machine and made her blow ...


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