People v. Cady

State: Illinois

Court: 3rd District Appellate

Docket No: 3-99-0158

Case Date: 02/01/2000

People v. Cady, No. 3-99-0158

3rd District, 1 February 2000

THE PEOPLE OF THE STATE OF ILLINOIS,

Plaintiff-Appellant,

DAVID L. CADY,

Defendant-Appellee.

Appeal from the Circuit Court for the 14th Judicial CircuitWhiteside County, Illinois

No. 98-DT-220ST

Honorable Dana McReynolds, Judge Presiding

JUSTICE KOEHLER delivered the opinion of the court:

The State appeals the Whiteside County circuit court's grant of defendant David L. Cady's motion in limine barringadmission of the defendant's breath-analysis result. This court must decide whether the circuit court erred when it concludedthat the State had not met its burden to show that the breathalyzer unit used to test the defendant's breath had not beenproperly certified as accurate pursuant to the statute and applicable regulation. See 625 ILCS 5/11-501.2(a)(1) (West 1998);77 Ill. Adm. Code