Defendant was convicted, after jury trial, of aggravated DUI, aggravated driving with BAC of 0.08 or greater, and aggravated driving while license revoked. Defendant failed to establish that, when hospital drew his blood after his one-car accident, it was acting as an agent or instrumentality of the State. Evidence presented at suppression hearing established that it was drawn for purpose of his medical treatment. Thus, court properly denied Defendant's motion to suppress evidence. Evidence was sufficient to prove Defendant guilty of the alleged offenses. Court properly admitted Defendant's blood test results under business records exception to hearsay rule, as specifically allowed by section 11-501.4 of Vehicle Code. Testimony of doctor and nurse was sufficient to establish foundation for admission of blood test results. (SCHMIDT, concurring; HOLDRIDGE, concurring in part and dissenting in part.)
Illinois Appellate Court
Criminal Court
Aggravated DUI