People v. Marty

Defendant, Neil Marty, was charged with driving under the influence of alcohol (DUI) (Ill. Rev. Stat. 1991, ch. 95V2, par. ll-501(aX2)) and driving without headlights when required (Ill. Rev. Stat. 1989, ch. 951/2, par. 12 — 201(b)). At trial, the prosecutor questioned the arresting officer regarding whether defendant was read his Miranda rights and whether defendant refused to answer questions presented to him by the officer while he was in custody. The witness testified he read defendant his rights and defendant refused to answer questions. Defendant immediately requested a mistrial, which…