Illinois Appellate Court
Criminal Court
DUI
Defendant was charged with two counts of DUI. Court entered interlocutory order granting Defendant's motion to strike results of breath test on basis that amended version of regulations for certification of evidentiary breath test instruments retroactively applied to exclude results, as State did not proffer reference sample value. Trial court properly considered Defendant's motion to strike promptly after Defendant raised objection at first available opportunity, which was during trial. Thus, appellate court is without jurisdiction over appeal, as motion to strike did not allege that results of breath test were illegally obtained, and appeal of that ruling is not the type of appeal contemplated by Rule 604(a)(1). (McLAREN and BURKE, concurring.)