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People v. DiPace9/30/2004
527, 545 (1983) (fact that informant exposes self to liability for a false tip makes tip more reliable); Adams, 407 U.S. at 146-47, 92 S.Ct. at 1923-24, 32 L.Ed.2d at 617 (same). The reliability of the tip, then, is established not by the later identification of the tipster, but by the tipster's belief that he could be identified at the time he reported the information. See Thompson, 341 Ill.App.3d at 848, 276 Ill.Dec. 237, 793 N.E.2d 996 (reasonable suspicion for a Terry stop based only on facts at the time of the stop).
Nevertheless, the holding in Minx does not affect our holding here, because the informants in this case were not only identifiable from the moment they told the police dispatcher they were following defendant's car, but they also provided police specific eyewitness observations in person to support their report that defendant was driving recklessly, and police independently corroborated some of their information. Thus, the tip in this case suffered from none of the vagueness that troubled the court in Minx.
Defendant's second contention on appeal is that the trial court should not have admitted his breath alcohol analysis test. Defendant argues that the breath analyzer did not function properly and that the trial court improperly relied on testimony saying that it did.
Police conformance with rules promulgated pursuant to section 11-501.2(a)(1) of the Illinois Vehicle Code (625 ILCS 5/11-501.2(a)(1) (West 2002)) creates a rebuttable presumption that a breath alcohol analysis test was accurate at the particular time a subject test was performed. The rules require that police periodically certify the accuracy of a breath analysis machine. 20 Ill. Adm.Code § 1286.200 (2004). The parties here do not dispute that the police were in compliance with the rules, because the breath analysis machine in this case was certified on February 12, 2002, and March 15, 2002. Therefore, there existed at trial a rebuttable presumption that the breath analysis machine gave an accurate reading at the time of defendant's arrest.
Defendant cites People v. Boughton, 268 Ill.App.3d 170, 205 Ill.Dec. 915, 644 N.E.2d 471 (1994), in support of his position that the breath analysis results were inadmissible. In Boughton, the court found that the prosecution did not lay a proper foundation for the admission of a breath analysis test result. Boughton, 268 Ill.App.3d at 172-73, 205 Ill.Dec. 915, 644 N.E.2d 471. The police had certified the accuracy of the breath analysis machine within the time mandated by the administrative rules in effect at the time. However, after the defendant's test but before the breath analysis machine's next certification, the police took the machine out of service in order to make repairs on it. Boughton, 268 Ill.App.3d at 172, 205 Ill.Dec. 915, 644 N.E.2d 471. The court in Boughton held that, since the rules required that the police carry the burden of showing compliance with the rules regarding certification of the breath analysis machine, they must also carry the burden of showing that the machine's malfunction between certifications did not affect the accuracy of the machine. Boughton, 268 Ill.App.3d at 173, 205 Ill.Dec. 915, 644 N.E.2d 471. Since the prosecution in Boughton did not put forth any evidence to show the reason or nature of the repairs, it did not carry its burden. Boughton, 268 Ill.App.3d at 172-73, 205 Ill.Dec. 915, 644 N.E.2d 471.
*6 In the current case, just as in Boughton, the breath analysis machine's logbook shows that the machine was taken out of service for repairs. The State argues that Boughton can be distinguished because here, unlike in Boughton, the repairs occurred after the machine's second certification; that is, the machine was certified after defendant's test but before being t
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