People v. Sprind 

Illinois Appellate Court
Criminal Court
Aggravated DUI
Evidence
Citation
Case Number: 
No. 5-09-0327
Decision Date: 
Sunday, August 8, 2010
District: 
5th Dist.
Division/County: 
Franklin Co.
Holding: 
Affirmed.
Justice: 
WELCH
(Court opinion corrected 8/27/10.) Defendant was convicted of aggravated DUI and reckless homicide; he hit another vehicle head-on in lane of oncoming traffic while travelling at a high rate of speed. Nurse, in presence of state trooper at while Defendant was at the hospital, obtained urine specimen and blood sample from Defendant, and tests showed levels of cocaine high enough to be fatal, and cannabis and numerous prescription medications in his system. Defense counsel was not ineffective by stipulating to the existence of the State's evidence, as counsel specifically stated that he was not stipulating that the evidence was sufficient to prove the Defendant's guilt; and counsel preserved objection to the admittance of blood and urine samples into evidence during the stipulated bench trial. Amendment to Administrative Code as to method for taking blood draws is procedural, not substantive, and court properly admitted results of blood and urine tests into evidence. (DONOVAN and SPOMER, concurring.)