People v. Bellehem

State: Illinois

Court: 5th District Appellate

Docket No: 5-07-0503 & 5-07-0638 Cons. Rel

Case Date: 05/07/2009

Preview:N O T IC E Decision filed 05/07/09. The text of this dec ision m ay b e changed or corrected prior to the P e t i ti o n for filing of a or the

NOS. 5-07-0503 and 5-07-0638 CONSOLIDATED IN THE APPELLATE COURT OF ILLINOIS

Re hea ring

disposition of the same.

FIFTH DISTRICT ________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellant, ) Effingham County. ) v. ) No. 07-DT-85 ) HEIDI E. VAN BELLEHEM, ) Honorable ) James R. Harvey, Defendant-Appellee. ) Judge, presiding. ________________________________________________________________________ JUSTICE STEWART delivered the opinion of the court: The defendant, Heidi E. Van Bellehem, was charged with driving under the influence of alcohol (DUI) (625 ILCS 5/11-501(a)(2) (West 2006)). The trial court granted the defendant's motion to suppress the results of the breath test administered after her arrest. The parties later stipulated that the evidence that had been presented at the hearing on the motion to suppress would also be presented at the hearing on the defendant's petition to rescind the summary suspension of her driver's license. See 625 ILCS 5/2-118.1 (West 2006). The court granted the petition to rescind. The State appeals from those orders in this consolidated appeal. The State argues that the trial court's orders granting the motion to suppress and the petition to rescind should be reversed. We agree. BACKGROUND After her arrest for DUI, the defendant filed a "Motion to Exclude Breath Test Results." She alleged that she had not been continuously observed for at least 20 minutes before the breath test and that she had not been deprived of foreign substances during the observation period, in violation of the Illinois Administrative Code (Administrative Code) 1

regulations controlling the administration of breath-testing of DUI suspects (breath-test regulation). 20 Ill. Adm. Code

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