People v. Workman

726 N.E.2d 759, 312 Ill. App. 3d 305, 244 Ill. Dec. 784, 2000 Ill. App. LEXIS 166
Appellate Court of Illinois·Decided March 17, 2000·No. 2 — 98 — 1578·Published·Cited by 29 cases

Opinion

JUSTICE COLWELL

delivered the opinion of the court:

Following a bench trial, defendant appeals his conviction of driving under the influence of a drug or combination of drugs to a degree that renders the person incapable of safely driving (625 ILCS 5/11— 501(a)(3) (West 1996)). Defendant was acquitted of driving under the influence of alcohol (DUI) and of driving under the influence of a combination of alcohol and any other drug (625 ILCS 5/11 — 501(a)(2), (a)(4) (West 1998)). Defendant claims the evidence was unsatisfactory regarding whether he was under the influence of a drug to the degree that it rendered him incapable of safely driving and thus the evidence was insufficient to find him guilty beyond a reasonable doubt. We reverse.

On January 25, 1998, Bensenville police officer Joseph Golbeck was on duty at about 10 p.m. when he went to the area of Grand Avenue and Crown Road in Bensenville. He had been on the police force for about 4V2 years. Golbeck observed a vehicle in the ditch on the south side of Grand, and he remained at the scene about 25 minutes. A tow truck was blocking both eastbound lanes of Grand. While Golbeck was on the scene, he observed a red pickup truck westbound on Grand that stopped on the median. He saw defendant exit his pickup truck and walk back to the bumper area of his truck. Wondering why defendant stopped, Golbeck exited his vehicle and approached defendant. As defendant walked, he was swaying and stumbling, but he did not fall. Defendant stared at his bumper. Golbeck asked defendant what the problem was. Defendant explained that he thought he had been in an accident and that the tow truck had hit him. Golbeck did not observe any damage to the truck. He observed that defendant’s speech was slurred, and he detected an odor of alcohol. Defendant said he had had one beer at work.

Defendant agreed to perform field sobriety tests. Defendant first performed the finger-to-nose test. He did not touch his nose, and during the fifth and sixth such test he used the wrong finger. The next test was the one-leg stand test where defendant was to stand on one leg, raise the other leg six inches off the ground, and count from “one thousand 1” to “one thousand 30.” Defendant swayed, placed his foot down twice, and stopped at the count of 20. The next test was the walk and turn. Defendant was to walk nine steps heel to toe keeping one foot on the line, do a three-point turn, and walk back nine steps heel to toe. Defendant took 14 steps in one direction without touching heel to toe and then stopped. His steps were six inches apart. According to Golbeck, defendant failed these tests. He placed defendant under arrest for driving under the influence of alcohol and transported him to the police station.

At the station, a prescription bottle of lorazepam was found on defendant’s person. The date of the prescription was January 25, 1998. Defendant agreed to a breath test. It was stipulated at trial that the test revealed a blood-alcohol content (BAG) of 0.01. Golbeck testified that he asked defendant if he had taken any of the pills. Defendant said he had not. Golbeck opened the bottle and found 8 pills inside, although the prescription was for 30 pills. After the breath test, Golbeck again asked defendant if he had taken any pills, and defendant said he had taken eight of them. Defendant explained that the lorazepam pills were muscle relaxants and that they belonged to his wife. The officer later had defendant transported to the hospital because he was concerned about defendant possibly having taken an overdose of the pills.

Golbeck testified he arrested defendant for DUI. Golbeck had seen people under the influence of alcohol a couple of hundred times, and he had received police training in administering field sobriety tests. Regarding the detection of persons under the influence of drugs, he stated he received training for an eye test, the horizontal gaze nystagmus (HGN) test. Golbeck became suspicious of defendant’s drug consumption at the police station after seeing that there were pills missing from the bottle taken from defendant’s jacket and defendant’s breath test showed only a BAG of 0.01.

On cross-examination, Golbeck stated there was nothing unusual about the way defendant operated his vehicle. Golbeck also did not find it unusual for defendant to pull over onto the median to look at his bumper if defendant believed he had had an accident. When he formulated his opinion that defendant was under the influence of alcohol, he had no other basis from which he could conclude at that time that defendant was under the influence of a drug. After the breath test, Golbeck asked defendant about the pills but did not ask when they were taken. Golbeck did not administer the HGN test and did not notice any change in the defendant after he blew the 0.01 BAG.

Clair Donaghey, a forensic chemist for the Du Page County sheriffs department, testified that the tablets from the bottle weighed a total of 0.63 grams, that one tablet weighed 0.07 grams, and that the tablets contained lorazepam.

Defendant moved for a directed finding on the charges of DUI and driving under the influence of alcohol or a combination of alcohol and any other drug. Defense counsel noted that section 11 — 501.2(b)(1) of the Illinois Vehicle Code (625 ILCS 5/11 — 501.2(b)(1) (West 1998)) raises a presumption that a person is not under the influence of alcohol if the BAG is 0.05 or less. The trial court granted the motion as to these two charges but denied the motion with respect to the charge of driving under the influence of a drug or a combination of drugs.

Defense counsel then examined Golbeck and asked if he had received some training in detecting whether an individual is under the influence of a drug. Golbeck stated that “they didn’t go into [it] specifically. They showed us the heart and the nystagmus test. That’s the only test I know as far as I know.” Golbeck admitted that he did not administer the HGN test to determine whether defendant was under the influence of drugs. Golbeck acknowledged that defendant was taken to the hospital. Golbeck admitted that he had no training or experience regarding how the ingestion of lorazepam would affect a person’s ability to drive. He admitted that defendant never said he was under the influence of alcohol or a drug or that the drug affected his driving.

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Workman, 726 N.E.2d 759, 312 Ill. App. 3d 305, 244 Ill. Dec. 784, 2000 Ill. App. LEXIS 166 (Ill. Ct. App. 2000).

726 N.E.2d 759 (People v. Workman) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Hudgens
Appellate Court of Illinois, 2026
People v. Ordner
2025 IL App (5th) 230216-U (Appellate Court of Illinois, 2025)
People v. Harris
2025 IL App (1st) 231315-U (Appellate Court of Illinois, 2025)
People v. Beckman
2025 IL App (3d) 240267-U (Appellate Court of Illinois, 2025)
People v. Johnson
2024 IL App (4th) 231185 (Appellate Court of Illinois, 2024)
People v. Krzeczkowski
2024 IL App (3d) 230117-U (Appellate Court of Illinois, 2024)
Village of Lombard v. Cassell
2024 IL App (3d) 230220-U (Appellate Court of Illinois, 2024)
Village of Lincolnshire v. Olvera
2024 IL App (2d) 230255 (Appellate Court of Illinois, 2024)
People v. Walker
2024 IL App (1st) 220985-U (Appellate Court of Illinois, 2024)
People v. Morrow
2023 IL App (3d) 210123-U (Appellate Court of Illinois, 2023)
People v. Monday
2023 IL App (3d) 220025-U (Appellate Court of Illinois, 2023)
People v. Kiehn
2022 IL App (2d) 200734-U (Appellate Court of Illinois, 2022)
People v. Trotter
2021 IL App (3d) 180726-U (Appellate Court of Illinois, 2021)
People v. McWane
2020 IL App (1st) 181013-U (Appellate Court of Illinois, 2020)
People v. Lenz
2019 IL App (2d) 180124 (Appellate Court of Illinois, 2019)
People v. Castino
2019 IL App (2d) 170298 (Appellate Court of Illinois, 2019)
People v. Ciborowski
2016 IL App (1st) 143352 (Appellate Court of Illinois, 2016)
People v. Morris
2014 IL App (1st) 130152 (Appellate Court of Illinois, 2014)
People v. Williams
Appellate Court of Illinois, 2008
People v. Gordon
881 N.E.2d 563 (Appellate Court of Illinois, 2007)