People v. Morris

State: Illinois

Court: 2nd District Appellate

Docket No: 2-08-0172 Rel

Case Date: 09/18/2009

Preview:No. 2--08--0172 Filed: 9-18-09 ______________________________________________________________________________ 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. 07--CF-- 411 ) THOMAS P. MORRIS, ) Honorable ) George J. Bakalis, Defendant-Appellee. ) Judge, Presiding. ______________________________________________________________________________ JUSTICE McLAREN delivered the opinion of the court: Plaintiff, the People of the State of Illinois, appeal from the trial court's order granting the motion of defendant, Thomas P. Morris, to bar the use of blood-alcohol test results. We reverse and remand. Defendant was charged by indictment with aggravated driving under the influence of alcohol (DUI) (625 ILCS 5/11--501(a)(1), (a)(2), (d)(1)(A) (West 2006)) and various minor traffic offenses arising from his arrest on February 17, 2007. Officer Kalinowicz of the Carol Stream police department obtained a search warrant to obtain blood and urine specimens from defendant at Glen Oaks Hospital. According to a later filing by defendant, the testing of that blood, done five hours after the traffic stop, resulted in a blood-alcohol reading of 0.10. On October 15, 2007, defendant filed a motion in limine to bar the blood-alcohol test results, arguing that the disinfecting swab in the DUI kit used to draw his blood contained low levels of

No. 2--08--0172 alcohol, in violation of the version of section 1286.320(c) of Title 20 of the Administrative Code (20 Ill. Adm. Code

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