 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Kleutgen8/1/2005
The State appeals from orders of the circuit court of Kendall County rescinding the summary suspension of the driver's license of defendant, Jody E. Kleutgen, and quashing her arrest. The court entered the orders because it found that defendant's out-of-jurisdiction arrest by the chief of police of Sheridan, a village in La Salle County, was improper. Because we hold that the arrest was proper as an arrest by a private person under section 107--3 of the Code of Criminal Procedure of 1963 (Code of Criminal Procedure) (725 ILCS 5/107--3 (West 2002)), we reverse and remand.
On April 27, 2004, a Kendall County sheriff's deputy cited defendant for driving with a suspended license (625 ILCS 5/6--303 (West 2002)), driving under the influence (625 ILCS 5/11--501(a)(1), (a)(2) (West 2002)), and improper lane use (625 ILCS 5/11--709(a) (West 2002)). Because defendant's blood-alcohol concentration tested as 0.23, the Secretary of State summarily suspended her driver's license pursuant to section 11--501.1 of the Illinois Vehicle Code (Vehicle Code) (625 ILCS 5/11--501.1 (West 2002)). The State ultimately charged her with the cited offenses.
Defendant petitioned to rescind the summary suspension under section 2--118.1 of the Vehicle Code (625 ILCS 5/2--118.1 (West 2002)) on the basis, inter alia, that she was not properly arrested. She also moved to quash her arrest and suppress the evidence resulting from it. In the motion, she alleged that she was arrested in Kendall County, but that the officer who arrested her was Charles Bergeron, the chief of police of Sheridan, a village entirely in La Salle County. Bergeron, she contended, improperly acted under color of authority by using his squad car's emergency lights and police radio to arrest her while he was outside his jurisdiction. The court granted the petition and the motion in a written order.
Defendant's sole witness at the hearing was Bergeron. He testified that he was the chief of police of the village of Sheridan, in La Salle County. On April 4, 2004, at about 1:35 a.m., he was off duty and was driving home. He was, however, in uniform and in a marked squad car. He was eastbound on Newark Road in Kendall County when he noticed defendant's car in front of him; it crossed three feet over the road's centerline and then back and onto the eastbound side shoulder. Following it, Bergeron saw the car cross the centerline another three times and veer onto the shoulder once more. Bergeron contacted the Kendall County dispatch center. The dispatcher told him that no sheriff's deputy was in the area and that he should make a traffic stop himself. While speaking with the dispatcher, Bergeron saw the car veer once more into the oncoming lane.
Bergeron turned on his emergency lights and stopped the car at the intersection of Illinois Route 47 and U.S. Route 52. Defendant was driving, and she had a male passenger. Bergeron asked both for their drivers' licenses and told the two to remain in the car. Defendant had difficulty getting her driver's license out. Bergeron gave the dispatcher the information from the licenses. Ten minutes later, a Kendall County deputy arrived and began his own investigation, ultimately citing defendant for the offenses noted above.
Bergeron agreed that he was outside his jurisdiction when he noticed defendant's car and did not re-enter his jurisdiction anytime while he was following it. The State presented no evidence of its own.
The court granted defendant's petition to rescind and her motion to quash, finding that "Chief Bergeron was acting as a police officer under the color of his office and therefore he did not have the statutory authority to arrest the defendant when
Page 1 2 3 4 Illinois DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|