People v. Heimann

Following a bench trial, the defendant, Kenneth L. Heimann, was convicted of driving under the influence of alcohol (DUI) (Ill. Rev. Stat. 1983, ch. 95V2, par. 11 — 501(a)(2)), and sentenced to 30 days of incarceration in the Mercer County jail. On appeal, the defendant argues that the State failed to prove beyond a reasonable doubt that he either drove or had actual physical control of a motor vehicle.

The agreed statement of facts set forth the following. On November 30, 1984, the defendant testified that he met Kathy in a tavern. When they later left together between 11 p.m. and midnight,…