People v. Kiertowicz

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2013 IL App (1st) 123271
Decision Date: 
August 23, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Justice: 
GORDON
Holding: 
Affirmed.
Defendant was convicted of DUI after bench trial. Court properly found that Defendant, who failed three field sobriety tests, was in actual physical control of his parked vehicle when officers found him alone and asleep in driver's seat while engine running. Possession of ignition key is one of numerous factors court weighs, on a case-by-case basis, to determine actual physical control. Officer's testimony that vehicle was running supported reasonable inference that Defendant was capable of driving his vehicle.(HALL and REYES, concurring.)