 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Kenning10/28/1982
chneckloth v. Bustamonte.
• 5, 6 Here, the trial court made a finding of fact that the defendant's consent for testing of his blood was not voluntary. It is well accepted that it is the trial court's function to determine the credibility of the witnesses and a reviewing court will not overturn the trial court's findings unless they are contrary to the manifest weight of the evidence. (People v. Huffner (1981), 99 Ill. App.3d 516, 425 N.E.2d 603.) The defendant in the case at bar testified that the automobile accident had caused a serious laceration on his head and a local anesthetic had been required. He recalled that he was told by police that signing the forms was mandatory. The defendant's girlfriend testified that when she demanded to read the forms she was physically escorted from the room, and her friend in the waiting area observed her being escorted from the room. When the friend later spoke with the defendant in his room, the defendant explained his belief that signing the documents was mandatory. But most importantly, the other police officer at the scene was unable to provide substantial corroboration for his partner's testimony that the defendant was not misled about the nature of the forms. Based on this evidence, we cannot conclude that the trial court's findings were against the manifest weight of the evidence.
• 7 Without the defendant's consent, found absent by the trial court, the results of the blood-alcohol tests are inadmissible against the defendant. (People v. Williams (1981), 103 Ill. App.3d 876, 431 N.E.2d 1280; People v. Weissinger (1980), 90 Ill. App.3d 700, 413 N.E.2d 497; People v. Wheatley (1972), 5 Ill. App.3d 827, 284 N.E.2d 353.) We therefore affirm the order of the circuit court of Jackson County which suppressed the results of defendant's blood test, and reverse the order which suppressed the oral statements made by defendant at the emergency room. This cause is remanded for further proceedings.
Affirmed in part, reversed in part, remanded.
KARNS, P.J., and JONES, J., concur.
|