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People v. Hartwick10/26/1984
Scott J. Hartwick, the defendant, appeals from his conviction of the offense of reckless homicide (Ill. Rev. Stat. 1981, ch. 38, par. 9-3) and from his sentence of 30 months' imprisonment. He contends that evidence of a blood-alcohol test was erroneously admitted.
On July 29, 1982, the defendant was involved in a head-on collision in Stephenson County on Illinois Route 26, near the Wisconsin border, which resulted in three deaths. Defendant was taken in an unconscious state to a hospital in Wisconsin. There, an attending physician examined him and ordered, for medical reasons, certain blood tests which included a blood-alcohol test. A blood sample was taken and an analysis made by a medical technologist. The results of the test reflected a blood-alcohol level of .2%. Defendant remained hospitalized for two months, and after his discharge he was charged with driving under the influence of alcohol (DUI) and reckless homicide. However, the DUI charge was later dismissed.
Defendant filed a pretrial motion to suppress the results of the blood test on the basis that it was not performed in accordance with the mandates of the Illinois Vehicle Code (Ill. Rev. Stat. 1983, ch. 95 1/2, par. 1-100 et seq.) and the Illinois Department of Public Health standards. It is undisputed that neither the hospital nor the medical technologist who analyzed defendant's blood was certified to conduct blood-alcohol tests pursuant to Illinois law.
The trial judge, in determining the admissibility of the blood test results, relied upon common law principles of reliability and relevancy, and not upon statutory law, and found that the evidence sustained the fact that normal, recognized medical procedures were used to withdraw the blood and to analyze it. He relied on the testimony of the attending physician in the emergency room, who stated that the test was ordered on his own volition for diagnostic medical reasons and who further testified to his opinion that the blood-alcohol level found "implies a severe intoxication." In addition, the medical technologist who withdrew the blood sample described in detail the method used. The medical technologist who analyzed defendant's blood for its alcohol content also testified, and it was stipulated that the analysis was performed according to normal hospital procedure and that the alcohol level was .2%.
The Illinois Vehicle Code provides, as relevant, that no person who is under the influence of intoxicating liquor may drive or be in actual physical control of any vehicle within this State. The Act further provides that any person who drives or is in actual physical control of a motor vehicle upon a public highway within the State thereby consents to a chemical test of his blood to determine its alcohol content "if arrested, as evidenced by the issuance of a Uniform Traffic Ticket, for any offense as defined in Section 11-501 or a similar provision of a local ordinance." (Emphasis added.) (Ill. Rev. Stat. 1983, ch. 95 1/2, par. 11-501.1(a).) Section 11-501.2 of the Act provides as applicable here:
"Upon the trial of any civil or criminal action or proceeding arising out of an arrest for an offense as defined in Section 11-501 or a similar local ordinance, evidence of the concentration of alcohol, * * * as determined by analysis of the person's blood * * * shall be admissible. Where such test is made the following provisions shall apply: [including, as applicable here, certification requirements for performing a blood-alcohol test.]" (Emphasis added.) Ill. Rev. Stat. 1983, ch. 95 1/2, par. 11-501.2(a).
• 1 The blood test taken by Wisconsin hospital personnel did not, and obviously could not, comply with the ce
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