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People v. Cortez10/14/2005
order from a law enforcement officer, along with a recapitulation of defendant's argument that the alcohol swab may have affected the test results. These arguments, along with a passing citation of section 11--501.2 in a completely different context, did not give, as defendant claims, "ample notice [to the State] of this argument."
It is improper to raise a new argument in a reply brief, and such argument will be deemed waived. Official Reports Advance Sheet No. 21 (October 17, 2001), R. 341(e)(7), eff. October 1, 2001 ("Points not argued are waived and shall not be raised in the reply brief *"). We therefore grant the State's motion to strike the portion of defendant's reply brief that raises new argument.
For the reasons given, we affirm the judgment of the circuit court of Du Page County.
Affirmed.
GROMETER and BYRNE, JJ., concur.
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