APPELLATE COURT OF ILLINOIS, SECOND DISTRICT
545 N.E.2d 1053, 189 Ill. App. 3d 936, 137 Ill. Dec. 292 1989.IL.1655
Appeal from the Circuit Court of Du Page County; the Hon. Brian F. Telander and the Hon. Robert A. Cox, Judges, presiding.
JUSTICE REINHARD delivered the opinion of the court. LINDBERG J., concurs. JUSTICE McLAREN, Dissenting.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE REINHARD
The State has appealed two orders of the circuit court of Du Page County arising from the prosecution of defendant, Cynthia Brodeur, for driving while under the influence of alcohol (Ill. Rev. Stat. 1987, ch. 95 1/2, par. 11-501(a)(2)).
Following her DUI arrest and the summary suspension of her driver's license for her refusal to complete a blood-alcohol test, defendant filed a petition to rescind the statutory summary suspension of her driver's license (Ill. Rev. Stat. 1987, ch. 95 1/2, par. 2-118.1). After a hearing on the petition, the trial court, Judge Robert A. Cox, entered an order in favor of defendant finding no reasonable grounds for the DUI arrest. The State filed a notice of appeal of that order (107 Ill. 2d R. 301), and that appeal is docketed as case No. 2-88-0807. Defendant then filed a motion to quash her arrest in the underlying DUI case, which the trial court, Judge Brian F. Telander, granted on the basis of collateral estoppel. The State filed a certificate of impairment and a notice of appeal (107 Ill. 2d R. 604(a)), and that appeal is docketed as case No. 2-88-1117. We granted the State's motion to consolidate these appeals.
The issue for review is essentially the same for both appeals and arises from the same set of facts. The issue is whether the trial court's finding that the officer did not have probable cause to arrest defendant for DUI was against the manifest weight of the evidence in the rescission of the statutory summary-suspension hearing and manifestly erroneous in the hearing on the motion to quash arrest. The State did not present any additional evidence in the second hearing, and the trial court, after reviewing the transcript of the first hearing, granted the motion to quash on the basis of collateral estoppel.
At the first hearing, defendant called Officer Daniel A. Gabriel, a 13-year veteran of the Addison police department, as a witness. He testified that in responding to an automobile accident call at 7:49 p.m. on February 2, 1988, he observed a tow truck with slight rearend damage partially on the shoulder of the road. He observed defendant's vehicle 60 feet into a field adjacent to Route 53 with extensive front-end damage. The officer was unable to recall if the windshield of defendant's vehicle was cracked. Defendant was the only person in the car, and she was observed sprawled out across the front-seat area, partially in the driver's seat and partially in the passenger seat. She was conscious, appeared to be injured and complained of pain. The officer believed she had a wound about her face. The driver of the tow truck involved in the accident testified that within seconds after making a left turn onto Route 53 he was struck from behind by defendant's car.
There was a strong odor of alcohol upon her breath when she spoke. Her eyes were red and bloodshot, and her speech was slurred. He asked her if there was anyone else in the car to which she responded that there was not. She stated that she was the driver of the car. In response to the officer's request that she produce her driver's license, she stated that it was in her purse in the backseat. The officer then arrested her for DUI.
Defendant was then transported to a hospital by emergency personnel. Officer Gabriel also went to the hospital. After he read the "warnings to motorists" to defendant, who was in the emergency room, he asked defendant to submit to the drawing of blood to determine the extent of its alcohol concentration. She repeatedly declined his request.
During cross-examination of Officer Gabriel by the assistant State's Attorney, Officer Gabriel testified that at the hospital there was a strong odor of alcohol on defendant's breath, and he described her manner as "cocky, carefree, refusing treatment, attempting to get off the gurney." At one point, she had to be held down at the hospital in order to be treated.
The officer further testified that, upon driving her back to the police station, he determined that it was her birthday and that she spontaneously told him that she was out celebrating at an area hotel. She stated she had consumed approximately four to six vodka drinks and was returning home at the time of the accident.
The officer further testified that when he read her the warning to motorists he asked her to read it along with him. She refused to indicate if she understood it. She crumpled up the ...