People v. Popeck

State: Illinois

Court: 4th District Appellate

Docket No: 4-08-0200 Rel

Case Date: 10/31/2008

Preview:Filed 10/31/08

NO. 4-08-0200 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. DENNIS M. POPECK, Defendant-Appellee.

) Appeal from ) Circuit Court of ) Logan County ) No. 07DT104 ) ) Honorable ) Thomas M. Harris, ) Judge Presiding. _________________________________________________________________ JUSTICE COOK delivered the opinion of the court: Defendant, Dennis M. Popeck, was charged with driving under the influence (DUI) (625 ILCS 5/11-501(a)(2) (West 2006)). The State filed a motion for leave to issue a subpoena duces tecum to a hospital for his medical records for November 27, 2007, the day defendant was charged with the DUI and the day he was involved in a motor vehicle accident and treated at the hospital. motion. poena. Defendant filed a response contesting the State's The trial court denied the State's request for a subThe State appeals. We reverse and remand. I. BACKGROUND On November 27, 2007, defendant was charged by citation with DUI. On December 4, 2007, the State filed a motion for

leave to issue a subpoena duces tecum and for the entry of a Health Insurance Portability and Accountability Act (HIPAA) (42 U.S.C.

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