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06/30/88 the People of the State of v. Randy J. Gregg

June 30, 1988

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT

v.

RANDY J. GREGG, DEFENDANT-APPELLEE



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

526 N.E.2d 537, 171 Ill. App. 3d 1076, 122 Ill. Dec. 278 1988.IL.1044

Appeal from the Circuit Court of Winnebago County; the Hon. Gerald F. Grubb, Judge, presiding.

APPELLATE Judges:

JUSTICE INGLIS delivered the opinion of the court. LINDBERG, P.J., and DUNN, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE INGLIS

Pursuant to Supreme Court Rule 604(a)(1) (107 Ill. 2d R. 604(a)(1)), the State appeals from a trial court order which suppressed evidence pertaining to the chemical analysis of blood taken from the defendant, Randy Gregg. On appeal, the State contends that the trial court incorrectly interpreted section 11-501.2 of the Illinois Vehicle Code (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 11-501.2) and section 510.110 of the Illinois Administrative Code (77 Ill. Adm. Code 510.110 (1985)) in granting defendant's motion to suppress. We reverse.

On November 6, 1986, defendant was arrested for driving under the influence of alcohol in violation of section 11-501 of the Illinois Vehicle Code (Ill. Rev. Stat., 1986 Supp., ch. 95 1/2, par. 11-501). Defendant was stopped as he was leaving his car, which had gone off the road and into a ditch. Although a different set of officers initially responded to the scene, Deputy Liston of the Winnebago County sheriff's department took charge of the investigation.

Liston observed that defendant had difficulty producing his driver's license, maintaining his balance and finding his footing. Liston also detected a moderate odor of alcohol on defendant's breath. Although Liston suggested that defendant go to the hospital to receive treatment for a cut on his head, defendant refused and asked to be taken home. Defendant then told Liston that he had been out drinking and was on his way home. Eventually, defendant agreed to be treated for his injuries and was transported to St. Anthony's Hospital in Rockford, Illinois. After finishing his work at the scene, Liston went to the hospital and placed defendant under arrest. After being read the implied consent warning, defendant acknowledged that he understood the warning and consented to giving a blood sample.

Sherry Falls, who was a medical technologist with a degree in medical technology and also a trained phlebotomist, took defendant's blood sample. A phlebotomist is one who is trained to draw blood. Falls testified that she was called by an emergency room nurse and told to draw blood from a patient. After speaking with Liston, Falls proceeded to draw a blood sample from defendant. Falls further testified that her supervisor in the emergency room was Dr. Tuschen.

On cross-examination, defense counsel elicited the following testimony from Falls:

"Q. [Defense counsel] And did a police officer tell you that he wanted you to draw blood?

A. Uh -- huh.

Q. And you said that a nurse called you; is that right?

A. Yes. Right.

Q. She called you on the ...


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