Appeal from the Circuit Court of Lake County. Nos. 08-CM-2497; 08-TR-56871; 08-TR-56872; 08-DT-1274 08-TR-449354 Honorable F. Keith Brown, Judge, Presiding.
The opinion of the court was delivered by: Justice McLAREN
JUSTICE McLAREN delivered the judgment of the court, with opinion. Justices Bowman and Birkett concurred in the judgment and opinion.
¶ 1 The State appeals from the trial court's orders barring the use of the blood alcohol test results of defendant, David M. Hall, and dismissing one count of driving under the influence (DUI) (625 ILCS 5/11-501(a)(1) (West 2006)). We affirm in part, reverse in part, and remand.
¶ 3 Defendant was arrested on April 26, 2008, and charged with DUI (influence of alcohol) (625 ILCS 5/11-501(a)(2) (West 2006)), improper turn (625 ILCS 5/11-801(a)(1) (West 2006)), improper lane usage (625 ILCS 5/11-709(a) (West 2006)), and resisting a peace officer (720 ILCS 5/31-1 (West 2006)). During the course of the arrest, the arresting officer, Officer Goldsmith of the Vernon Hills police department, sprayed defendant with pepper spray and pulled defendant from his vehicle. A rescue squad was called to the scene, and emergency medical technicians tended to defendant for about 25 minutes. Defendant was then taken to Condell Medical Center for treatment of his left eye, which had taken the brunt of the pepper spray. While at the hospital, defendant was hooked up to an electrocardiogram, which detected a rapid heart rate. Before defendant was moved from the emergency room and admitted to the hospital, Goldsmith told him to come to the police station to pick up his citations after he was released. Goldsmith then left, and defendant was moved to a hospital room, where, eventually, several vials of his blood were drawn to be tested for heart-related issues. The following afternoon, defendant was released from the hospital and he picked up his citations at the police station.
¶ 4 The Illinois Attorney General took over the prosecution of this case, as the Lake County State's Attorney determined that his office had a conflict of interest.*fn1 An assistant Attorney General, with the help of an assistant State's Attorney, learned that several vials of defendant's blood still remained at Condell. On May 14, 2008, the trial court ordered Condell to release the blood samples to the Vernon Hills police department for transportation to the Illinois State Police (ISP) crime lab for testing.*fn2
An ISP technician tested the blood for alcohol concentration on May 15 and reported a blood alcohol concentration (BAC) of 0.107. This information was tendered to defendant on June 11, but the test results remained sealed under court order.
¶ 5 In April 2009, defendant filed a series of three motions to bar the use of the BAC test results and defendant's medical records that the State had obtained. After hearing argument on September 28, 2009, the trial court denied defendant's motion to bar the use of the medical records. The court also denied the motion to bar the use of the BAC test results, in order to grant the State "an opportunity to bring in their witnesses and show a complete factual foundation." Defendant would be given the opportunity to renew his motion at the end of the State's offer of proof.
¶ 6 On that same day, the State filed an information charging defendant with DUI (BAC of 0.08 or more) (625 ILCS 5/11-501(a)(1) (West 2006)). Defendant then filed a motion to dismiss that charge on compulsory joinder and speedy trial grounds, pursuant to section 103-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-5 (West 2006)).
¶ 7 The trial court held an evidentiary hearing on defendant's motion to bar the use of the BAC test results on March 1, 2010. The State called a series of witnesses from Condell Medical Center, the Vernon Hills police department, and the ISP crime lab to testify regarding the drawing, handling, storage, transportation, and testing of defendant's blood. Defendant called one witness, a pharmacist who testified about the possibility of "false positive" results in blood alcohol tests, especially where no preservative was added to the blood sample. Following the hearing, the trial court granted defendant's motion to bar the use of BAC evidence, finding that the blood had not been collected and stored in compliance with applicable regulations contained in the Illinois Administrative Code.
20 Ill. Adm. Code 1286.320 (2011). The court listed all four original case numbers in the caption of its written order and entered separate minute orders in the resisting arrest and traffic cases, stating that "blood results *** shall not be admissible in this matter." After denying the State's subsequent motion for reconsideration, the court granted defendant's motion to dismiss the charge of DUI (BAC of 0.08 or more) on compulsory joinder and speedy trial grounds. The State filed a certificate of impairment, and this appeal followed.
¶ 9 We first note that we have taken with the case defendant's motion to strike portions of the State's reply brief. Defendant alleges that the State makes several arguments that are waived, frivolous, not supported by the record, and/or not supported by legal authority. We deny the motion to strike, but we ...