People v. Olson

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2013 IL App (2d) 121308
Decision Date: 
June 28, 2013
District: 
2d Dist.
Division/County: 
Du Page Co.
Justice: 
SCHOSTOK
Holding: 
Vacated and remanded.
Defendant was charged with DUI and ticketed for improper lane usage. Court was not required to grant Defendant's motion in limine to bar admission of results of breath test where testing machine was not certified for 63 days, although Administrative Code requires that breath-testing machines be certified every 62 days. As State argued that it had substantially complied with the Code, court should hold evidentiary hearing on whether State substantially complied with Code regulations, to render test results admissible. (HUTCHINSON and HUDSON, concurring.)