 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Rozela12/30/2003
de (Ill. Rev. Stat. 1985, ch. 95 ½, par. 11--501.2(a) (now 625 ILCS 5/11--501.2(a) (West 2002)))] did not disclose a blood-alcohol concentration of 0.10 or more, or that the test result did not accurately reflect his blood-alcohol concentration, the State can only avoid rescission by moving for the admission of the test into evidence and laying the required foundation." Orth, 124 Ill. 2d at 340. "Where the motorist argues for rescission on the basis that the test results were unreliable, such evidence may consist of any circumstance which tends to cast doubt on the test's accuracy, including, but not limited to, credible testimony by the motorist that he was not in fact under the influence of alcohol." Orth, 124 Ill. 2d at 341. "Only if the trial judge finds such testimony credible will the burden shift to the State to lay a proper foundation for the admission of the test results." Orth, 124 Ill. 2d at 341.
Here, defendant did not testify at the rescission hearing and has not set forth any "circumstance which tends to cast doubt on the test's accuracy." Orth, 124 Ill. 2d at 341. Therefore, defendant has not established a prima facie case that the PBT results did not accurately reflect her blood-alcohol concentration. Because no prima facie case has been made, the burden did not shift to the State to lay the required foundation for the PBT, and we reject defendant's claim that the admission of the PBT results was reversible error. See Orth, 124 Ill. 2d at 340. We reach no decision as to whether the State laid an adequate foundation for the admission of the results. For this reason and the others already discussed, we conclude that the trial did not err in denying the petition to rescind.
For the preceding reasons, the judgment of the circuit court of Du Page County is affirmed.
Affirmed.
HUTCHINSON, P.J., and GILLERAN JOHNSON, J., concur.
|