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People v. Shelton3/17/1999
Defendant appeals from the judgment of conviction entered upon a jury verdict of guilty for driving under the influence (DUI) of drugs (625 ILCS 5/11-501(a)(3) (West 1996)). On appeal, defendant argues that the State failed to prove him guilty beyond a reasonable doubt and that numerous trial errors denied him a fair trial. We reverse and remand.
FACTS
At defendant's trial, William Nelson, a police officer for six years, testified that on June 11, 1996, at approximately 7 p.m., he observed a car travelling "at a high rate of speed" through Taylorville, Illinois. After the car passed two vehicles in the left-turn lane, Nelson activated his overhead lights and pursued the car. Nelson observed the car come to a complete stop at a stop sign and then pull over into a parking lot. Defendant exited the car.
After defendant exited his car, defendant told Nelson that his accelerator stuck, and then defendant told Nelson that he should go for a ride with defendant. Nelson did not smell any odor of alcohol on defendant but described his behavior as "off balance" and "very agitated." When Nelson asked defendant for his driver's license, defendant told Nelson that he did not have a license because it was revoked. Nelson testified that defendant then stated, "I'm getting ready to run," but immediately told Nelson that he was kidding. Defendant then gave Nelson his driver's license.
According to Nelson, defendant became more agitated when another officer, Sheila Nation, arrived. When Nelson requested that defendant perform field sobriety tests, defendant initially refused, but after Nelson told defendant that he would be placed under arrest for driving under the influence , defendant agreed to take the tests.
Nation testified that she noticed that defendant talked constantly. Nation described defendant as "very high strung unable to stand still. She stated, " e was moving around constantly, he was agitated at one time, and then he would kind of calm down and * be cooperative." Both Nelson and Nation testified that defendant told them several times, angrily, that he was not drunk and that he had not had anything to drink for several years. Nation testified that defendant stated, both at the scene and later at the police station, that he was "on Tylenol 3 with codeine".
Nelson testified that defendant failed all of the field sobriety tests given. On the heel-to-toe test, defendant failed to touch his heel to his toe on several steps, and he did not pivot or count his steps correctly. Both officers testified, however, that defendant was able to walk a straight line as part of that test. Nation testified that defendant "kept losing his balance" as he waited for Nelson to finish the instructions for that test. Nelson next asked defendant to stand on one leg to a count of 30. According to both officers, defendant lost his balance right away the first time he tried the one-legged stand, and he started too soon. On his second attempt, defendant stood on one leg without stumbling to the count of 14. The final test given to defendant was the finger-to-nose test. According to both officers, defendant failed this test because he opened his eyes for part of the test and he touched the bridge of his nose and then slid his finger down to the tip on at least one attempt.
After defendant failed the field sobriety tests, Nelson arrested him for driving under the influence of drugs. Nelson did not suspect that defendant had been drinking alcohol. Defendant was not charged with speeding or any other offense. Nelson testified that on the way to the police station, defendant asked the officer to give him a breath test, but Nelson told defendant that the offi
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