People v. Carpenter

State: Illinois

Court: 2nd District Appellate

Docket No: 2-07-0277 Rel

Case Date: 09/04/2008

Preview:No. 2--07--0277 Filed: 9-4-08 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Circuit Court ) of Du Page County. ) Plaintiff-Appellant, ) ) v. ) No. 06--CF--1920 ) THEODORE CARPENTER, ) Honorable ) Perry R. Thompson, Defendant-Appellee. ) Judge, Presiding. ______________________________________________________________________________ JUSTICE BOWMAN delivered the opinion of the court: Defendant, Theodore Carpenter, submitted to a breath test and was subsequently charged with multiple offenses related to driving under the influence (DUI). Also, his driving privileges were summarily suspended. Defendant filed a petition to rescind the summary suspension and a motion in limine to suppress the breath test results, arguing that notice of the "temporarily approved" breath test device used on him was not "available to the public" under section 1286.210(c) of Title 20 of the Administrative Code (20 Ill. Adm. Code

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