People v. Eyen

683 N.E.2d 193, 291 Ill.App.3d 38 (1997)

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People v. Eyen

Illinois Court of Appeals
683 N.E.2d 193, 291 Ill.App.3d 38 (1997)

RW

Facts

The State of Illinois (plaintiff) prosecuted John Eyen (defendant) for driving under the influence of alcohol. The trial evidence established that police officers observed a badly damaged car with its front driver-side door open. Eyen was pushing against the door and moving the car along a public street. Eyen was clearly inebriated. The officers started the car's engine, and determined that the car could only be pushed with the ignition key inserted and the transmission in neutral gear. Eyen admitted shutting the engine off and removing the key from the ignition switch. The officers arrested and searched Eyen, and found the key in Eyen's pocket. Eyen said someone else had been driving the car, and denied having driven the car while inebriated. The trial court convicted Eyen, he appealed to the Illinois Court of Appeals. Eyen did not contest the trial court's finding that he was inebriated, but contended that the evidence was insufficient to show he was operating the car at the time of his arrest.

Rule of Law

Issue

Holding and Reasoning (Thomas, J.)

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