People v. Niemiro

On December 5, 1991, after a bench trial, defendant John Niemiro (Niemiro) was found guilty of the felony of driving while under the influence of alcohol. (Ill. Rev. Stat. 1989, ch. 95 1 /2, pars. 11— 501(a)(1), (a)(2), (d)(3); 625 ILCS 5/11 — 501(a)(1), (a)(2), (d)(3) (West 1992).) He was sentenced on March 16, 1992, to six months’ incarceration in Cook County jail and 30 months’ probation, the first 12 months to be intensive probation. Niemiro appeals his conviction and sentence, claiming: (1) that the State failed to prove beyond a reasonable doubt that he was driving or in actual physical…