People v. Love

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2013 IL App (3d) 120113
Decision Date: 
September 24, 2013
District: 
3d Dist.
Division/County: 
Kankakee Co.
Justice: 
WRIGHT
Holding: 
Reversed and remanded.
In DUI trial, court erred by submitting non-IPI jury instruction which included calculations for conversion factor for blood serum alcohol content to whole blood alcohol content, because it did not comply with rules of evidence as to judicial notice. Instruction was testimonial as it included calculations for jury using formula that included a contested fact, the Defendant's actual blood serum level, multiplied by conversion factor.(CARTER and HOLDRIDGE, concurring.)