People v. Jacobs 

Defendant was convicted, after jury trial, of DUI and driving with BAC of 0.08 or more, and sentenced to 24 months conditional discharge. Arresting officer initiated a traffic stop based on violation of Vehicle Code to have high beams on within 500 feet of another vehicle. Testimony and logbooks for Breathalyzer were not testimonial, and established sufficient foundation that it was regularly tested and accurate, and its introduction did not violate confrontation clause. Prosecutor's questioning defense expert whether he had ever been under the influence of alcohol was improper was sufficiently cured by prompt sustaining of objection and instruction to disregard remark. Reference to expert as "a peacock" was allowable as a comment on demeanor, and reference to him as "a hired gun" was sufficiently cured by promptly sustained objection. Court did not err in giving IPI 23.30, the permissive-presumption instruction. (MYERSCOUGH and KNECHT, concurring.)