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The People of the State of Illinois v. Igoris Dovgan

December 5, 2011

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT,
v.
IGORIS DOVGAN, DEFENDANT-APPELLEE.



Appeal from the Circuit Court of the 12th Judicial Circuit, Will County, Illinois Circuit No. 09-CF-1359 Honorable Amy Bertani-Tomczak, Judge, Presiding.

The opinion of the court was delivered by: Justice Schmidt

JUSTICE SCHMIDT delivered the judgment of the court, with opinion. Justice Wright concurred in the judgment and opinion.

Justice Holdridge specially concurred, with opinion.

OPINION

¶ 1 The State charged defendant, Igoris Dovgan, with two counts of aggravated driving under the influence in violation of sections 18b-103, 18b-105 and 18b-108(b) of the Illinois Vehicle Code (Vehicle Code) (625 ILCS 5/18b-103, 18b-105, 18b-108(b) (West 2008)). The circuit court of Will County granted defendant's motion to suppress evidence of a breath test administered 41/2 hours after defendant's arrest. The State appeals.

¶ 2 FACTS

¶ 3 The facts of this matter were not disputed below. Trooper Korando arrived on the scene of a traffic crash on Interstate 80 at 9:48 a.m. on May 11, 2009. The crash involved a commercial motor vehicle driven by defendant. Upon arrival, Trooper Korando placed defendant under arrest. The arresting trooper remained at the scene of the accident for an extended period of time. The trooper administered a breath test to defendant at 2:35 p.m., which indicated defendant's blood alcohol content to be 0.032.

¶ 4 The bill of indictment alleged:

"Count I *** [D]efendant, a commercial motor vehicle driver, willfully operated a commercial motor vehicle *** at a time when he had a measured alcohol concentration in his blood or breath, based on the definition of blood or breath units in Chapter 625, Section 11-501.2, as prohibited by 49 CFR 392.5, in violation of Chapter 625, Section 5/18b-103, Section 5/18b-105 and section 5/18b-108(b) of the Illinois Compiled Statutes ***.

Count II *** [D]efendant, a commercial motor vehicle driver, willfully operated a commercial motor vehicle *** at a time when he had a detectable presence of alcohol on his person, as prohibited by 49 CFR 392.5, in violation of Chapter 625, Section 5/18b-103, Section 5/18b-105 and section 5/18b-108(b) of the Illinois Compiled Statutes ***."

¶ 5 Defendant filed a motion to suppress, claiming that the State administered his alcohol test outside the two-hour time-limit imposed by section 6-500 of the Vehicle Code. 625 ILCS 5/6-500 (West 2008). As such, defendant claimed the results of the tests were inadmissible. After originally rejecting defendant's argument, the trial court granted defendant's motion to suppress. Following denial of its motion to reconsider, the State filed a certificate of substantial impairment. This appeal followed.

¶ 6 ANALYSIS

¶ 7 When reviewing a trial court's ruling on a motion to suppress evidence, we apply the two-part standard of review adopted by the Supreme Court in Ornelas v. United States, 517 U.S. 690 (1996); People v. Luedemann, 222 Ill. 2d 530 (2006). We are to review a trial court's findings of historical fact for clear error, give due weight to any inferences drawn from those facts by the trial court and reverse those findings only if they are against the manifest weight of the evidence. Id. at 542. However, we remain free to undertake our own assessment of the facts in relation to the issues and draw our own conclusions when deciding what relief should be granted. Id. As such, we review de novo the trial court's ultimate legal ruling as to whether suppression is warranted. Id.

ΒΆ 8 Contained within the Vehicle Code are numerous different rules, laws and acts. See 625 ILCS 5/18b-100 et seq. (West 2008) (Illinois Motor Carrier Safety Law (IMCSL)); 625 ILCS 5/18c-1101 et seq. (West 2008) (Illinois Commercial Transportation Law); 625 ILCS 5/11-100 et seq. (West 2008) (the Rules of the Road); 625 ILCS 5/6-500 et seq. (West 2008) (the Uniform Commercial ...


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