People v. Hutchinson

Illinois Appellate Court
Criminal Court
Case Number: 
2013 IL App (1st) 102332
Decision Date: 
November 8, 2013
1st Dist.
Cook Co., 5th Div.
Defendant was convicted, after bench trial, of DUI. Court properly admitted results of lab report showing Defendant's blood alcohol level as a business records exception to hearsay rule. Statutory provision allowing introduction of medical records in prosecution of DUI cases in Section 11-501.4 of Illinois Vehicle Code survives enactment of Illinois Rules of Evidence, and is not affected or modified by those Rules. State met its burden of establishing probability that evidence (Defendant's blood which was drawn and tested) was not compromised, and Defendant produced no actual evidence of tampering, alteration, or substitution, and thus any alleged deficiencies in chain of custody went to weight and not admissibility of blood tested. (GORDON and McBRIDE, concurring.)