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People v. Kenning10/28/1982
e papers were required in order to take the injured pedestrian out of State.
Michelle Pitchell-Freimuth, who drove Annette Teubert to the hospital, testified that while she was sitting in the waiting room, she saw Officer Collier escort Ms. Teubert out of the emergency room. Ms. Pitchell-Freimuth stated that she later talked to the defendant in his hospital room, and he maintained that it was necessary for him to sign the forms because the injured pedestrian was being taken out of State. He informed her that his girlfriend should not be upset about his signing the papers.
When the defendant took the witness stand, he explained that the laceration on his head had required eight to 10 stitches and several smaller cuts had also required attention. Because of these wounds, his head had been partially shaved and a local anesthetic had been administered prior to treatment. According to the defendant, he was dizzy, groggy and "not all there" when he spoke with police. He testified that the officer told him that he was required to sign the forms because of the possibility that the injured pedestrian might die and because the pedestrian was being transferred out of State. He testified that his recollection was somewhat unclear, but he believed that the forms he signed were required by the hospital. The defendant stated that he was not informed that he had the right not to sign the forms, that the information could be used against him in court, that he could consult with an attorney or that he was suspected of a crime. The defendant also stated that he was severely nearsighted and could not see past six inches without his eyeglasses.
Carbondale Police Officer Charles Doan, who helped interview the defendant at the emergency room, was unable to corroborate much of Officer Collier's testimony. At the suppression hearing he stated repeatedly that his memory of events was incomplete. He testified that he could not recall whether the defendant was wearing glasses over his bandages, whether Ms. Teubert ever left the room, whether she read the forms or told the defendant not to sign them, or whether the defendant asked if he could consult with an attorney or have his glasses. Doan also stated that he could not remember if the defendant had been informed that he had to sign the forms because they were routine in serious accidents when an injured person is transferred out of State. In addition, he could not recall whether Collier told the defendant that he was suspected of driving while intoxicated, whether either officer told the defendant that he had the right to refuse the blood test, whether he told the defendant that the results of the test could be used against him in court, whether the defendant was told the tests were for police, not hospital, use, or whether the defendant was told that he could consult a lawyer. Doan could not remember whether either officer gave the defendant the admonitions required before a person may consent to a breath test, or any similar advice. Although Officer Doan did recall that he noted the odor of alcohol on the defendant's breath at the accident scene, he stated that that fact did not create any suspicions in his mind that the defendant was driving while intoxicated.
The trial court noted that the police officers had each testified that at the time of the auto accident, there was an odor of alcohol on the breath of the defendant. Therefore, the court found that the defendant had already been suspected of driving while under the influence of intoxicating liquor and that because "a custodial situation was indicated," the oral statements made by the defendant without receiving Miranda warnings should be suppressed. (Miranda v. Arizona (1
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