People v. Allan

595 N.E.2d 1317, 231 Ill. App. 3d 447, 172 Ill. Dec. 647, 1992 Ill. App. LEXIS 1075
Appellate Court of Illinois·Decided July 2, 1992·No. 2-90-1098·Published·Cited by 12 cases

Opinion

JUSTICE DOYLE

delivered the opinion of the court:

Defendant, Bob Allan, was indicted in the circuit court of McHenry County for one count of reckless homicide (111. Rev. Stat. 1989, ch. 38, par. 9 — 3(a)). Following a jury trial, defendant was found guilty and sentenced to a two-year term of imprisonment.

On appeal, defendant raises the following issues: (1) whether the jury was incorrectly instructed in such a manner that it was required to find that he acted recklessly if it found his blood-alcohol content to be .10% or more; (2) whether he was denied a fair trial when the prosecutor failed to complete impeachment by introducing a prior inconsistent statement that a defense witness denied making; and (3) whether the trial court abused its discretion in considering the death of the victim as an aggravating factor in sentencing.

The following facts are relevant to our disposition of the issues raised on appeal. On June 29, 1988, at about 10:50 p.m., Jamie Dass, the deceased, was driving his vehicle westbound on Illinois Route 120 in McHenry, Illinois. Defendant was driving alone eastbound on Route 120 approaching McHenry. Witnesses established that defendant’s vehicle entered Dass’ lane of travel for approximately 60 feet and travelled straight before essentially striking Dass’ vehicle head on.

Route 120 is a four-lane roadway at the point of the collision, with two lanes running east and two lanes running west. There is also a concrete median separating the two east and westbound lanes which is one to two inches high. There is a solid yellow line that runs on each side of the median, a white, dotted line separating each of the east and westbound lanes, and a white, solid line running along the outer edge of the outside east and westbound lanes. The shoulders are paved.

At the point where Route 120 enters McHenry from the west, it is a two-lane highway with the lanes separated by a double yellow line. The road widens from two lanes to four lanes at Dot Street. Prior to the road becoming four lanes, there is a sign for eastbound traffic which states “[d]o not drive on the shoulder.” There is no sign notifying eastbound motorists that the road widens from two lanes to four lanes, while there is a sign indicating to westbound traffic that the road narrows from four lanes to two lanes.

There are mercury vapor streetlights on the north side of Route 120 which illuminate all four lanes of the road. There is a Kinder Care facility on the south side of Route 120 which one of the police officers testified was lighted on the evening of the accident. Its floodlights light up its parking lot. There is a farm field to the south of this stretch of Route 120, and there are no lights to the south until Kinder Care. One of the police officers who was at the accident scene testified that he could see approximately one-half mile west of the accident scene.

Defendant testified that he was employed as a research and development engineer at the time of the accident. He had flown from Minnesota to the area for the purpose of working on a project for one of his employer’s customers. On the day of the accident, he awoke with four or less hours of sleep. He flew to O’Hare Airport and rented a car. He drove directly to the customer’s facility in Northbrook, arriving at about 9 a.m. He worked at that location until between 5 and 5:30 p.m.

During the day, defendant made plans with Ron Nordin, the customer account manager, to go to Nordin’s office located at his home near Hebron. The purpose of the meeting was to discuss work-related events for the following day.

Defendant had never been to Nordin’s residence before and received instructions on how to get there. He was able to locate Nor-din’s home, arriving at between 7 and 7:30 p.m. Defendant did not eat at Nordin’s but had lunch earlier. Defendant testified that he brought two six-packs of beer and consumed about four beers while there, the last one being just before he left. Nordin, his wife, and another employee also consumed some beer. Defendant denied consuming “hard liquor” at Nordin’s.

He departed Nordin’s at approximately 10:30 p.m. intending to find a motel close to Northbrook. Nordin gave him oral instructions on how to get back to Northbrook. Defendant believed he was not under the influence of alcohol at the time he received the instructions and that he had sufficient control of his faculties to drive a motor vehicle. As he proceeded east on Route 120, he came to an intersection with a green traffic light. There was a 45-mile-per-hour speed limit sign and a sign stating to not drive on the shoulder. Defendant was looking for signs indicating that he was on Route 120.

After he passed through the intersection and a curve, he noticed that all of the lighting was on his left. At that point, the westbound traffic appeared to be passing by him farther to the left than it had prior to his going through the intersection and curve. He became confused and thought that he was too far to his right on a two-lane road. He drove into the lane immediately to his left. He then proceeded eastbound in that lane of traffic for a very short time. He believed he was still on a two-lane highway at that time. He did not know at the time of the accident that the concrete median divided the two east and two westbound lanes.

After proceeding in that lane for a very short time, he recognized oncoming traffic that he believed was in his lane. He slammed on his brakes in an effort to avoid an accident and had a head-on collision. His only reason for going into the other lane was confusion. There was no sign indicating that the road had become four lanes.

Defendant testified that he was not feeling any effects of the four beers at that time. He did not believe his consumption of the beer in any way impaired his driving ability that evening. Defendant described the lighting conditions as very dark. The lighting was primarily to the north, and he did not notice any lights in the Kinder Care parking lot at that time.

Defendant was transported to a hospital where he received treatment from a plastic surgeon for the laceration on his face. He received injections of a pain-deadening substance in his nasal area. At that time, he was interviewed by a police officer. According to defendant, he was able to identify for the officer the day of the week, the date, what road he was on, and which direction he was travelling. He told the officer he was on a two-lane highway at the time of the accident. He also told the officer he had a few beers.

On cross-examination, defendant admitted that he had traveled that same portion of Route 120 through McHenry earlier that day when he drove to Nordin’s. It was daylight when he did so. He did not remember the roadway having four lanes or being divided by a concrete median. As he was traveling east into McHenry later that evening, he did not notice the lanes or pavement being wider, nor did he notice a concrete median. He also did not see any lines to his right on the pavement. He admitted that there was a solid yellow line on his side of the median and that he intentionally drove across the median into the other lane. He believed the median was part of the shoulder of the road.

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People v. Allan, 595 N.E.2d 1317, 231 Ill. App. 3d 447, 172 Ill. Dec. 647, 1992 Ill. App. LEXIS 1075 (Ill. Ct. App. 1992).

595 N.E.2d 1317 (People v. Allan) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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