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05/23/96 PEOPLE STATE ILLINOIS v. KEVIN KOTECKI

May 23, 1996

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
KEVIN KOTECKI, DEFENDANT-APPELLANT. THE CITY OF NAPERVILLE, PLAINTIFF-APPELLEE, V. KEVIN KOTECKI, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Du Page County. No. 94-DT-1877, No. 91-DT-3569. Honorable Perry R. Thompson, Judge, Presiding.

Released for Publication June 25, 1996.

The Honorable Justice Bowman delivered the opinion of the court: Geiger and Thomas, JJ., concur.

The opinion of the court was delivered by: Bowman

The Honorable Justice BOWMAN delivered the opinion of the court:

In these consolidated appeals, defendant, Kevin Kotecki, appeals his conviction of driving under the influence of alcohol (DUI) (625 ILCS 5/11--501(a)(1) (West 1994)) and the revocation of his supervision for an earlier DUI conviction prosecuted by the City of Naperville. We affirm.

On May 30, 1994, defendant was involved in a car accident in Naperville, Illinois. Following the accident, defendant was transported to Edward Hospital for medical treatment. Based on a result of "153" on a blood-alcohol concentration (BAC) test taken at the hospital, the State charged defendant with DUI, and the City of Naperville filed a petition to revoke defendant's supervision for an earlier DUI prosecuted by Naperville.

At trial, Todd Lawford testified that, on May 30, 1994, he was travelling westbound on Ogden Avenue when he observed a white Ford Mustang pass a stop sign without stopping. Lawford testified that the Mustang was travelling at a high rate of speed. The Mustang struck a maroon Ford Taurus station wagon. Lawford identified defendant as the driver of the Mustang, but stated that he would not be able to identify defendant outside the courtroom setting.

Steven Wilkins testified that, on May 30, 1994, he was travelling eastbound on Ogden Avenue and that his brother, Paul Wilkins, was travelling behind him. Steven Wilkins testified that, through his rearview mirror, he observed two cars collide, that defendant was the driver of one of the cars, and that Paul Wilkins was the driver of the other car.

Paul Wilkins testified that, on May 30, 1994, he was travelling eastbound on Ogden Avenue about two car lengths behind his brother, Steven Wilkins. Paul Wilkins stated that his vehicle was hit in the front right corner by defendant's vehicle.

Officer John Gaw of the Lisle police department testified that, on May 30, 1994, he arrived at the scene of the accident and observed two vehicles, a white Mustang and a maroon Ford Taurus station wagon. Officer Gaw further testified that there was foam around defendant's mouth and that he smelled a strong odor of alcohol on his breath. Officer Gaw testified that defendant was extricated from the vehicle and taken to the Edward Hospital emergency room. Officer Gaw stated that he did not ask the hospital staff to perform a BAC test on defendant.

Dr. Louis Montana testified that, on May 30, 1994, he was the trauma surgeon on call at Edward Hospital. Dr. Montana testified that he did not think he had ordered any specific tests and that he did not know whether any of the other emergency room physicians had ordered any specific tests. Dr. Montana testified that the figure "153" on the BAC test result did not change his diagnosis or his plan for emergency treatment.

Audrey Carey testified that she is the keeper of records at Edward Hospital. The parties stipulated that Carey's function is to keep, establish, and maintain hospital records. Carey testified that she recognized the State's exhibit "1D" as a lab sheet from Edward Hospital. Carey testified that the blood-alcohol result on the lab report was "153" and that this figure describes the amount of alcohol in the blood.

On August 1, 1994, defendant filed a motion in limine to prevent the State from introducing the results of his BAC test. The trial court denied defendant's motion and admitted the results pursuant to the version of section 11--501.4 of the Illinois Vehicle Code (625 ILCS 5/11--501.4 (West 1994)) in effect at the time of the trial.

After a bench trial, the trial court found defendant guilty of DUI. In support of this finding, the trial court stated that the gross number "153" appearing on defendant's BAC test result was the equivalent of "0.153" for the purpose of section 11--501(a)(l) ...


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