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People v. Jones12/5/2003
PUBLISHED
The defendant, James Jones, was charged with aggravated driving under the influence of alcohol (aggravated DUI) (625 ILCS 5/11--501(a)(4), (a)(5), (a)(6), (c--1)(3) (West 2002)). Thereafter, the defendant filed a motion to suppress the results of his blood and urine tests based on the fact that the tests were administered without his consent. The State appeals the June 26, 2002, order of the circuit court of Du Page County granting the defendant's motion to suppress. We affirm.
The relevant facts are as follows. On April 3, 2002, the defendant was involved in a motor vehicle accident. The accident did not involve personal injury or death. As a result of this accident, the defendant was issued several traffic citations and charged with aggravated DUI (625 ILCS 5/11--501(a)(4), (a)(5), (a)(6), (c--1)(3) (West 2002)) and driving while his driver's license was revoked (625 ILCS 5/6--303(a), (d) (West 2002)).
Prior to arresting the defendant on these charges, the arresting police officer had detected a strong odor of alcohol on the defendant's breath and asked the defendant to perform field sobriety tests. The defendant refused and complained of pain in his sternum area. The arresting officer then transported the defendant to Elmhurst Hospital.
At the hospital, the arresting officer read and issued the defendant the warning-to-motorist document. The arresting officer asked the defendant to consent to a collection of blood or urine. The defendant refused to voluntarily give a blood or urine sample. No blood or urine was required for the defendant's medical treatment. Over the defendant's objections, and at the direction of the arresting officer, hospital personnel took blood and urine samples from the defendant, which were analyzed for alcohol and drugs.
On June 6, 2002, the defendant filed a motion to suppress the results of his blood and urine tests. In his motion, the defendant argued that the test results were inadmissible because his blood and urine were taken without his consent and not in the course of providing him medical treatment. On June 26, 2002, the trial court granted the defendant's motion, finding that the tests were statutorily prohibited by section 11--501.2(c)(2) of the Illinois Vehicle Code (the Vehicle Code) (625 ILCS 5/11--501.2(c)(2) (West 2002)). The State filed a certificate of impairment and timely appealed.
Before addressing the merits of the State's appeal, we note that the defendant has filed a motion to strike portions of the State's reply brief. The defendant argues that the State's reply brief contains arguments not made in its appellant's brief, contrary to Supreme Court Rules 341(e)(7) and 341(g) (188 Ill. 2d Rs. 341(e)(7), (g)). Rule 341(e)(7) provides that " oints not argued are waived and shall not be raised in the reply brief, in oral argument, or on petition for rehearing." 188 Ill. 2d R. 341(e)(7). Rule 341(g) provides that " he reply brief, if any, shall be confined strictly to replying to arguments presented in the brief of the appellee and need contain only rgument." 188 Ill. 2d R. 341(g). After reviewing the State's reply brief, we believe that it sufficiently complies with Rules 341(e)(7) and 341(g). The majority of the State's reply brief is responsive to the arguments raised by the defendant in his appellee brief. Accordingly, we decline to strike any portion of the State's reply brief.
Turning now to the merits of the appeal, the State contends that the trial court erred in suppressing the defendant's blood and urine test results. The State argues that, contrary to the trial court's ruling, section 11--501.2(c)(2) does not prohibit nonconsensual chemical testing of suspe
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