People v. Henry

State: Illinois

Court: 3rd District Appellate

Docket No: 3-09-0081 Rel

Case Date: 01/19/2010

Preview:No. 3-09-0081 _________________________________________________________________ January 19, 2010 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2010 THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Circuit Court ) of the 13th Judicial Circuit ) La Salle County, Illinois Plaintiff-Appellant, ) ) v. ) No. 08-CF-240 ) ) DELORES J. HENRY, ) Honorable ) H. Chris Ryan, Defendant-Appellee. ) Judge, Presiding. _________________________________________________________________ JUSTICE LYTTON delivered the opinion of the court: _________________________________________________________________ While struck a driving her automobile, Police defendant, Delores for Henry, various

pedestrian.

arrested

defendant

traffic violations and transported her to a hospital to have her blood and urine tested. Based on the results of her urine test,

defendant was charged with aggravated driving under the influence of alcohol (625 ILCS 5/11-501(d) (West 2006)). Defendant filed a The trial

motion to suppress the results of her urine test. court granted the motion. We reverse and remand.

On April 11, 2008, defendant was involved in a motor vehicle accident wherein she struck and injured a worker in a

construction zone.

Shortly after the collision, Illinois State

Police Trooper Jeffrey Nichols arrested defendant and issued her citations for driving while license suspended (625 ILCS 5/6-303 (West 2006)), failing to yield to a flagger in a construction zone (625 ILCS 5/11-908 (West 2006)), and reckless conduct (720 ILCS 5/12-5(a-5) (West 2006)). Nichols transported defendant to

a hospital to have her blood and urine tested. Maria Gunia, a phlebotomist, drew defendant's blood and

collected defendant's urine. while Gunia collected

Nichols waited outside the restroom urine sample. Gunia and

defendant's

defendant were the only individuals in the restroom when the collection took place. the Illinois State Defendant's blood and urine were sent to Police Forensic Science Laboratory for

analysis. jury

As a result of the urine toxicology testing, a grand defendant for aggravated driving under the

indicted

influence of alcohol (625 ILCS 5/11-501(d) (West 2006)). Defendant filed a motion to suppress the results of her urine test, claiming that its collection did not comply with the requirements of section 11-501.2 of the Illinois Vehicle Code (Code) (625 ILCS 5/11-501.2 (West 2006)) or section 1286.330(b) of Title 20 of the Illinois Administrative Code (20 Ill. Adm. Code

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