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People v. Eggert

August 16, 2001

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE
v.
DUWAIN E. EGGERT, DEFENDANT-APPELLANT



Appeal from the Circuit Court of Winnebago County. Nos. 00-CF-113; 99-TR-55897-8 Honorable Ronald J. White, Judge, Presiding

The opinion of the court was delivered by: Justice McLAREN

UNPUBLISHED

Defendant, Duwain E. Eggert, was convicted of the offenses of aggravated driving under the influence of alcohol (625 ILCS 5/11-501(a)(2), (d)(1) (West 1998)) and driving while license revoked (625 ILCS 5/6-303 (West 1998)). He was sentenced to three years' imprisonment on each offense, to run concurrently. We affirm in part, reverse in part, and remand the cause.

BACKGROUND

The sole testimony presented at trial was that of State witness Officer Robert Woodford. On November 28, 1999, Woodford responded to a 911 call that a pickup truck was on the sidewalk and that the driver had passed out. As Woodford approached the location of the pickup truck, the truck was moving and had traveled off the sidewalk. Woodford observed the truck drift over the lane line four or five times.

Woodford pulled over the truck. The driver, defendant Duwain Eggert, exited the driver's side door. He staggered and tripped several times. When Woodford asked for defendant's driver's license, he responded that it had been revoked in the State of Illinois.

As he spoke with defendant, Woodford noticed defendant's bloodshot, glassy eyes and smelled alcohol on defendant's breath. Defendant swayed back and forth while he stood, and he refused field sobriety tests. Woodford placed defendant under arrest for driving under the influence of alcohol. Defendant was handcuffed and taken to the public safety building.

At the public safety building, defendant refused a breathalyzer test. After he was given Miranda warnings, defendant was questioned. Defendant stated that he consumed seven or eight 12-ounce cans of beer between 3:30 and 7:30 p.m.

On cross-examination, Woodford admitted that his written report contained two omissions: (1) that he observed defendant weaving over the lane while driving; and (2) that defendant refused field sobriety tests. Woodford admitted that he did not testify before the grand jury that defendant drove over the lane line and could not recall if he testified at the same proceeding that defendant refused field sobriety tests.

The following certified statement of revocation by the Secretary of State's office was read to the jury:

"This is a certified statement of revocation from the Secretary of State's Office showing that Duwain E. Eggert's driver's license was revoked, the revocation in effect on November 28, 1999."

Defendant tendered Illinois Pattern Jury Instructions, Criminal, No. 3.11 (4th ed. 2000) (hereinafter IPI Criminal 4th) concerning the believability of a witness. The instruction was refused.

Defendant was found guilty of the offenses of aggravated driving under the influence of alcohol and driving while license revoked. He was sentenced to three years' ...


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