from the Circuit Court of the 14th Judicial Circuit, Rock
Island County, Illinois. Circuit No. 12-DT-156 Honorable
William S. McNeal, Judge, presiding.
Attorneys for Appellant: James E. Chadd, Peter A. Carusona,
and Bryon Kohut, of State Appellate Defender's Office, of
Ottawa, for appellant.
Attorneys for Appellee: John L. McGehee, State's
Attorney, of Rock Island (Patrick Delfino, David J. Robinson,
and Steven A. Rodgers, of State's Attorneys Appellate
Prosecutor's Office, of counsel), for the People.
CARTER, JUSTICE delivered the judgment of the court, with
opinion. Justices McDade and Wright concurred in the judgment
1 Following a jury trial, defendant Justin M. Blackwood was
found guilty of misdemeanor driving under the influence of
alcohol (DUI) (625 ILCS 5/11-501(a)(2) (West 2012)). The Rock
Island County circuit court sentenced defendant to 14 days in
jail and 12 months of probation. Defendant appealed, arguing
that his attorney provided ineffective assistance of counsel
for failing to request Illinois Pattern Jury Instructions,
Civil, No. 5.01 (2011) (hereinafter IPI Civil (2011)), under
which jurors would be instructed that an adverse inference
may be drawn against the State regarding defendant's
performance on field sobriety tests where the arresting
officer administered field sobriety testing to defendant
outside of the view of the squad car's operable dashboard
video camera. We affirm the judgment of the circuit court.
3 Defendant was charged with DUI (625 ILCS 5/11-501(a)(2)
(West 2012)) and possession of cannabis (720 ILCS 550/4 (West
2012)). At defendant's jury trial, Officer Nick Wade of
the City of Moline Police Department testified that at 3 a.m.
on March 2, 2012, defendant drove by him. Wade and defendant
made eye contact as they passed each other, and then
defendant immediately made a left turn into a gas station.
Wade thought defendant's abrupt turn was "a little
suspicious," so he stopped on the side of the road and
waited for defendant to pull out of the gas station.
Defendant pulled out of the gas station and then made a right
turn on 16th Avenue without signaling. Wade followed
defendant's vehicle, intending to initiate a traffic stop
because defendant had failed to signal the turn. As Wade
turned onto 16th Avenue, defendant abruptly turned left into
an alley without signaling and parked on a concrete pad that
served as a private driveway. Wade testified, "[i]t
seemed like the turn was unplanned" and described the
turn as a "fast turn" as if defendant was not sure
where he was going.
4 Wade initiated a traffic stop of defendant's vehicle
for failure to signal a turn and parked behind
defendant's vehicle at a 45-degree angle to block in
defendant's vehicle. Wade was approached by the resident
of the home, who informed Wade that he did not know
defendant's car or the reason that defendant had parked
in his driveway. Wade smelled alcohol on defendant's
breath immediately upon contact with defendant. There were
three passengers in defendant's vehicle. Defendant had
red, watery eyes and mumbled and slurred his speech.
Defendant had no explanation for parking in the driveway of a
stranger. Defendant did not have any trouble providing his
driver's license or getting out of his car. When Wade
administered field sobriety tests to defendant, defendant
showed signs that he had been consuming alcohol.
Defendant's three passengers also appeared intoxicated.
Wade believed defendant was intoxicated and unfit to drive
because it was bar-closing time, defendant was driving a car
full of people, defendant had driven as if he did not know
where he was going, defendant had appeared to have attempted
to avoid Wade's police vehicle when he pulled into a
random driveway with no explanation for doing so, there was
an odor of alcohol, defendant's eyes were red and watery,
defendant's speech was slurred, and defendant showed
signs of impairment on the field sobriety testing. Based on
his training and experience, Wade opined that defendant was
intoxicated and unfit to drive. Wade placed defendant under
5 Wade transported defendant to the police department for
further DUI processing. After a 20-minute observation period,
defendant refused to take a breath test.
6 Wade's police car was equipped with video recording
equipment, and the traffic stop of defendant's vehicle
had been recorded. Wade testified that the video showed him
making the traffic stop and showed him having defendant exit
the car. The testing was not conducted in front of Wade's
vehicle so that it could be captured on the video. Wade
explained that the reason the field sobriety tests were not
conducted in front of the dashboard camera was because Wade
had parked his squad car in a way to block in defendant's
vehicle and Wade and defendant went off camera to a
"flat area" for the field sobriety testing.
7 On cross-examination, Wade testified that that he did not
reposition his squad car in order to capture the field
sobriety testing on video camera because there were three
other occupants in the vehicle, "not all of which were
being very cooperative with [the officers], and one of [whom]
ha[d] a very violent history with [police]." Wade wanted
to keep defendant's car blocked in "so nobody could
get in it and leave in it." Wade indicated that the main
reason he did not reposition his vehicle was out of concern
for "an officer-safety and a public safety issue."
In addition, the alleyway was "tight" and other
officers had arrived on scene. Wade testified that he would
have moved his squad car "if it was a reasonable thing
to do." On redirect, the prosecutor asked, "how
overwhelming was the smell of the alcoholic beverage?"
Wade responded, "very strong."
8 Officer Eric Wells testified that he arrived at the traffic
stop to back up Wade. Two other officers also arrived at the
traffic stop. Wells began to speak with defendant's
passengers. Wells testified that the passengers all
"seemed very intoxicated." The passengers had
slurred speech, smelled of alcohol, and staggered a little.
After defendant was arrested, Wells conducted a tow inventory
search of defendant's vehicle and found a plastic bag
containing cannabis under the driver's seat.
9 In closing arguments, defendant's attorney argued, in
"There is a video on the officer's squad car. Now,
that was not helpful in any way because it did not show these
field sobriety tests. Now, if that had been provided, would
that show you objectively what ...