People v. Stipp

State: Illinois

Court: 3rd District Appellate

Docket No: 3-03-0480 Rel

Case Date: 06/23/2004

No. 3--03--0480

IN THE

APPELLATE COURT OF ILLINOIS

THIRD DISTRICT

A.D., 2004

THE PEOPLE OF THE STATE
OF ILLINOIS,

Plaintiff-Appellee,

LONNY R. STIPP,

Defendant-Appellant.

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Appeal from the Circuit Court
of the 21st Judicial Circuit,
Kankakee County, Illinois,

No. 01--DT--421

Honorable
J. Scott Swaim,
Judge, Presiding.

JUSTICE SLATER delivered the opinion of the court:

The defendant, Lonny R. Stipp, was convicted of two countsof driving while under the influence of alcohol (625 ILCS 5/11--501(a)(1), (2) (West 2000)). He appeals, arguing that the trialcourt erred in admitting the results of his blood alcohol testunder section 11--501.4 of the Illinois Vehicle Code (Code) (625ILCS 5/11--501.4 (West 2000)) because the test was conducted onhis blood serum rather than his whole blood. We affirm.

FACTS

The defendant was charged with driving with (1) a bloodalcohol concentration of 0.08 or more in violation of section 11--501(a)(1) of the Code, and (2) driving while under the influenceof alcohol in violation of section 11--501(a)(2) (625 ILCS 5/11--501(a)(1), (2) (West 2000)). The defendant filed a motion inlimine, seeking to suppress the chemical test conducted by thehospital on the grounds that his blood was taken without hisconsent and that it was not drawn in the course of providingemergency medical treatment. The trial court denied the motion.

Prior to trial, the State noted that it was no longernecessary for an expert to testify as to the conversion factorfrom blood serum alcohol concentration to whole blood alcoholconcentration (see 20 Ill. Admin. Code