Appeal from Circuit Court of Macon County. No. 12DT81. Honorable Timothy J. Steadman, Judge Presiding.
In upholding defendant's conviction for driving under the influence, the appellate court rejected his contention that the implied-consent statute is facially unconstitutional and also unconstitutionally punishes individuals who assert their fourth-amendment right to refuse to consent to chemical analysis and held that where the record showed defendant withdrew his consent to a breath test after he was arrested, there was no warrantless, nonconsensual search and defendant failed to establish that his fourth-amendment rights were violated.
Michael J. Pelletier, Jacqueline L. Bullard, and James Ryan Williams (argued), all of State Appellate Defender's Office, of Springfield, for appellant.
Jay Scott, State's Attorney, of Decatur (Patrick Delfino, David J. Robinson, and Luke McNeill (argued), all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.
JUSTICE POPE delivered the judgment of the court, with opinion. Justices Knecht and Turner concurred in the judgment and opinion.
[¶1] In January 2013, a jury found defendant, Christopher M. Gaede, guilty of driving under the influence (625 ILCS 5/11-501(a)(2) (West 2012)). In March 2013, the trial court sentenced defendant to 24 months' court supervision. Defendant appeals, arguing he is entitled to a new trial because the implied-consent statute (625 ILCS 5/11-501.1(a) (West 2012)) is facially unconstitutional and also unconstitutionally punishes individuals who assert their fourth-amendment (U.S. Const., amend. IV)
right to refuse to consent to chemical analysis. We affirm.
[¶2] I. BACKGROUND
[¶3] On February 19, 2012, defendant was arrested for driving under the influence (625 ILCS 5/11-501(a)(2) (West 2012)), operating an uninsured vehicle (625 ILCS 5/3-707 (West 2012)), failing to report an accident to police authority (625 ILCS 5/11-407 (West 2012)), and failing to give information after striking an unattended vehicle (625 ILCS 5/11-404 (West 2012)). Defendant refused to submit to a chemical breath test requested by the arresting officer.
[¶4] A jury trial was held in January 2013. Randy Clem, a Decatur police officer, testified he received a dispatch at approximately 8 p.m. for a hit-and-run crash involving a blue, chopper-style motorcycle. He stopped defendant, who was driving a motorcycle matching the description. Defendant denied being in an accident and had a nonchalant, cavalier attitude. Officer Clem smelled the odor of alcohol on defendant's breath. Defendant also had bloodshot, glassy eyes.
[¶5] Officer Kyle Daniels of the Decatur police department testified he was working on the evening in question and was dispatched to the parking lot behind Maustell's Pizza Inn and the Flashback Lounge because of a reported hit-and-run. A truck in the parking lot had damage to the front driver's side fender. Officer Daniels took the truck's owner to the location where defendant had been stopped, and the owner identified defendant as the person who had driven away from the accident in the parking lot.
[¶6] Decatur police officer Chris Snyder testified he was dispatched to the accident scene but instead went to the location where Clem had stopped defendant. Snyder testified defendant's breath smelled of alcohol, his eyes were glassy and bloodshot, and his speech was slurred. Defendant stated he had consumed a couple of beers.
[¶7] Officer Snyder noticed several scrapes on the right side of defendant's motorcycle and the motorcycle was missing its right turn signal lens cover. The scrapes appeared to be fresh. When asked about the lens cover, defendant said it had been missing for a long time. Snyder radioed officers at the accident scene to see if the lens cover was there. Defendant said police would not find the lens cover at the scene of the accident.
[¶8] Based on defendant's odor of alcohol, bloodshot and glassy eyes, and slurred speech, Snyder requested defendant perform field sobriety tests. During the horizontal gaze nystagmus (HGN) test, defendant did not keep his head still as directed. As a result, Snyder had to restart the test at least twice. The HGN test indicated defendant was under the influence of alcohol. Defendant's performance on the walk-and-turn test also indicated defendant might be under the influence of alcohol. Defendant also performed poorly on the one-legged-stand test. Based on the totality of the circumstances, Snyder arrested defendant for driving under the influence of alcohol. During the search incident to arrest, Snyder found the missing amber lens cover in defendant's sweatshirt pocket. The lens cover had damage consistent with having broken off the motorcycle. It also had paint transfers that matched the color of the paint on the truck that had been scraped in the parking lot. Defendant was adamant he did not put the lens cover in his pocket.
[¶9] Defendant was taken to the Macon County jail and again performed poorly on the walk-and-turn test and the one-legged-stand test. Officer ...