 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Cortez10/14/2005
Defendant, Paul Cortez, appeals his conviction, after a bench trial, of one count of driving a vehicle with a blood-alcohol concentration of 0.08 or greater (625 ILCS 5/11--501(a)(1) (West 2002)). On appeal, defendant argues that the trial court erred in (1) denying his motion to quash arrest; (2) allowing the State to introduce undisclosed opinion testimony; (3) allowing the State to introduce the result of a blood test; (4) accepting expert testimony converting defendant's serum blood test results to a whole blood equivalent; and (5) finding him to be proven guilty beyond a reasonable doubt. In his reply brief, defendant also argues that the blood test used against him was improperly admitted because it did not comply with section 11--501.2 of the Illinois Vehicle Code (625 ILCS 5/11--501.2 (West 2002)). We affirm.
On April 24, 2003, at approximately 4 p.m., defendant lost control of his black sport utility vehicle as he drove down an interstate entrance ramp. After defendant lost control, the car apparently rolled over before coming to rest in a ditch next to the interstate. State Trooper Robert Patterson arrived at the scene of the accident, summoned an ambulance, and briefly questioned defendant regarding the incident. Defendant rode in the ambulance to the hospital, where he received medical treatment from Dr. Brian Kern. Shortly after defendant arrived at the hospital, Patterson arrested him for driving under the influence of alcohol (625 ILCS 5/11--501(a)(2) (West 2002)). Based on defendant's blood test, he was also charged with operating a motor vehicle with a blood-alcohol concentration of 0.08 or greater (625 ILCS 5/11--501(a)(1) (West 2002)).
Before his trial began, defendant filed a motion to quash his arrest on the ground that Patterson lacked probable cause to arrest him. The trial court held a hearing on defendant's motion on March 15, 2004.
Trooper Patterson was the only witness to testify at the hearing. He testified that he was dispatched to the scene of defendant's accident at approximately 4 p.m. on April 24, 2003. Upon his arrival, Patterson noticed two sets of skid marks on the interstate entrance ramp, and he saw a black sport utility vehicle lying on its driver's side in the ditch approximately 25 to 50 feet from the interstate. He testified that only the driver's side of the car showed any damage. At that time, Patterson approached defendant, who was standing next to his vehicle in the ditch, and asked if he needed medical attention. Defendant informed Patterson that his back and neck were injured and that he needed an ambulance. Patterson testified that defendant had bloodshot eyes, that there was a strong odor of alcohol on defendant's breath, that defendant was swaying forward and backward as the two talked, and that defendant slurred his speech. Defendant also admitted to having consumed "a couple beers." Patterson stated that he did not ask defendant to perform any field sobriety tests "due to [defendant's] injury."
Defendant claimed to Patterson that the accident was the result of a vehicle, which defendant could not describe, running him off the entrance ramp. Patterson noted that the entrance ramp was only one car lane wide and that, if two cars were to drive on the ramp side-by-side, one would have to drive in the gravel alongside the paved portion of the ramp. Patterson stated that he found no tire tracks in the gravel next to the ramp on the day of the accident. He described the traffic as "light" at the time that he arrived at the scene. Patterson described the skid marks on the ramp as follows:
"Okay the skid marks there was basically two sets. First set was approximately 50, 75 foot after the entrance
Page 1 2 3 4 5 6 7 8 9 10 Illinois DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|