Supreme Court of Illinois

In an action for driving under the influence of alcohol, exclusion of the breath test results, based in part on defendant's testimony that he had experienced an episode of acid reflux during the 20-minute "waiting period" before the test, is affirmed where defendant had in fact presented evidence challenging the reliability of the test.

Appellate Information

• Decided 09/23/2004
• Published 09/23/2004

Judges

• Justice THOMAS delivered the opinion of the court:

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• Lisa Madigan, Attorney General, Springfield, Edward C. Deters, State's Attorney, Effingham (Gary Feinerman, Solicitor General, Linda D. Woloshin, Karen Kaplan, Assistant Attorneys General, Chicago, Norbert J. Goetten, Stephen E. Norris, Kendra S. Peterson, Mt. Vernon, Mary Beth Burns, Elgin, Office of the State's Attorneys Appellate Prosecutor, of counsel), for the People.


• For Appellees:
  
• Lou J. Viverito, of Taylor Law Offices, P.C., Effingham, for appellee.