People v. Oliver

State: Illinois

Court: 5th District Appellate

Docket No: 5-07-0708 Rel

Case Date: 02/09/2009

Preview:NO. 5-07-0708
NOTICE Decision filed 02/09/09. The text of this decision may be changed or corrected prior to the filing of a Peti tion for Rehearing or th e

IN THE APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT ________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Johnson County. ) v. ) No. 04-DT-41 ) WILLIAM E. OLIVER, ) Honorable ) Rodney A. Clutts, Defendant-Appellant. ) Judge, presiding. ________________________________________________________________________ PRESIDING JUSTICE WEXSTTEN delivered the opinion of the court: After submitting to a breath test that revealed he had a breath-alcohol concentration (BAC) of .140, the defendant, William E. Oliver, was convicted in the circuit court of Johnson County of driving under the influence of alcohol (DUI) (625 ILCS 5/11-501(a)(1) (West 2004)). On app eal from his conviction, the defendant argues that the circuit court erred in denying his motion in limine to suppress the results of his breath test on the ground that the State had failed to comply with section 1286.70 of Title 20 of the Illinois Administrative Code (20 Ill. Adm. Code

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