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People v. Hanna

July 2, 2002

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT,
v.
CRAIG A. HANNA, KATHRYN R. PRICE, KEITH RYAN O'LOUGHLIN, AND GORDON R. PRUETT, DEFENDANTS-APPELLEES.



Appeal from the Circuit Court of Williamson County. Nos. 00-DT-10, 99-DT-125, 99-DT-28, & 99-DT-29 Honorable Ronald Eckiss, Judge, presiding.

Justices: Honorable Thomas M. Welch, J. Honorable Richard P. Goldenhersh, J., and Honorable Clyde L. Kuehn, J., Concur

The opinion of the court was delivered by: Justice Welch

Released for publication.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT,
v.
CRAIG A. HANNA, KATHRYN R. PRICE, KEITH RYAN O'LOUGHLIN, AND GORDON R. PRUETT, DEFENDANTS-APPELLEES.

Appeal from the Circuit Court of Williamson County. Nos. 00-DT-10, 99-DT-125, 99-DT-28, & 99-DT-29 Honorable Ronald Eckiss, Judge, presiding.

Attorneys for Appellant

Hon. Charles Garnati, State's Attorney, Williamson County Courthouse, Marion, IL 62959; Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Kevin D. Sweeney, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Route 15 East, P.O. Box 2249, Mt. Vernon, IL 62864

Attorney for Appellees

John R. Patchett, Patchett Law Office, 104 West Calvert Street, P.O. Box 1176, Marion, IL 62959

Justices: Honorable Thomas M. Welch, J. Honorable Richard P. Goldenhersh, J., and Honorable Clyde L. Kuehn, J., Concur

The opinion of the court was delivered by: Justice Welch

Four cases were consolidated in the circuit court of Williamson County for the purpose of hearing, and deciding, the defendants' motions to suppress the results of breathalyzer machine testing in their prosecutions for driving under the influence of alcohol. The circuit court of Williamson County granted the defendants' motions to suppress, and the State filed certificates of impairments and notices of appeal. Those cases remain consolidated for this appeal.

Each of the four defendants in this appeal were stopped and tested on a breathalyzer machine. The machines involved are known as the Intoxilyzer 3000 and the Intoxilyzer 5000. In each case, the reading from the machine indicated that the defendant's blood alcohol content was far above the legal limit. Each defendant filed a motion to suppress the breath-analysis result, claiming that the machine had not been properly tested by the Illinois Department of Public Health (Department), as required by an Illinois regulation, prior to being approved for use in the field. The regulation in question required each breathalyzer machine to meet the following requirement prior to its use in the field:

"[Breathalyzer machines] *** will be tested and approved by the Department in accordance with but not limited to the Standards for Devices to Measure Breath Alcohol promulgated by the National Highway Traffic Safety Administration, U.S. Department of Transportation ***." 77 Ill. Adm. Code ยง510.40(c) (2000) (repealed, eff. January 1, 2001 (25 Ill. Reg. 223)) (see Pub. Act 91-828, eff. ...


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