 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. DiPace9/30/2004
aken out of service for repairs. Since the repair and the second certification occurred on the same day, though, that fact hardly distinguishes Boughton from the present case. However, Boughton is distinguishable from the current case in that here the logbook shows the reason for the repairs and the State adduced testimony to establish that the repairs did not affect the accuracy of defendant's test result. See People v. Robinson, 349 Ill.App.3d 622, 628, 285 Ill.Dec. 628, 812 N.E.2d 448 (2004) (allowing breath analysis results despite holding in Boughton, because the State provided evidence that the machine was working properly).
At trial, the evidence showed an entry in the breath analysis machine's logbook, on the same day of its March 15 certification, stating that the machine had been taken out of service for "frequent false mouth alcohol" readings. The State adduced the testimony of Commander Jeffrey Fritz, a certified breath analysis machine operator with 25 years of experience, who described his administration of the breath analysis test on defendant. He stated that, prior to defendant's test, the machine recorded a 0.000 alcohol reading for clean air. He also stated that there was no indication that the machine was malfunctioning at the time of defendant's test.
Commander Fritz explained the meaning of the term "false mouth alcohol." He stated that, in his experience, a "mouth alcohol" reading on the machine indicated that the subject had some kind of raw alcohol in his mouth. If the machine detected mouth alcohol, then, in his experience, it would abort the test and provide the police with no reading. Accordingly, had a "false mouth alcohol" problem occurred during defendant's breath analysis test, the machine would have aborted the test. Relying partially on Fritz's testimony, the trial court allowed the breath analysis reading to be admitted into evidence.
Defendant contends that the trial court improperly relied on Fritz's testimony as expert testimony on the meaning of the term "mouth alcohol," but, during Fritz's testimony, the trial court specifically stated that Fritz was testifying only as to what the term "means to him." The trial court also characterized his testimony as not "technical." Accordingly, Fritz's testimony was not expert testimony; he was testifying to facts he had observed through personal experience. See Baggett v. Ashland Oil & Refining Co., 92 Ill.App.2d 433, 445-46, 236 N.E.2d 243 (1968) (iron worker testifying as to operation of oil well and pump was lay witness testifying to facts he had observed through personal experience).
*7 The State was required to demonstrate that the defect in the breath analysis machine did not affect its accuracy during defendant's test. We hold that the State made such a showing in this case and that defendant's breath analysis results were properly admitted.
We further note that, even if the breath analysis test had not been admitted into evidence, defendant still would have been properly convicted. Though the trial court noted defendant's breath analysis test results in its ruling, it also stated that there was "sufficient evidence * * * to prove beyond a reasonable doubt that defendant was under the influence of alcohol, separate and apart from the [breath analysis test]." In support of its conclusion, the trial court cited the informant-witness's testimony that defendant was driving erratically, defendant's performance on the field sobriety tests, and the arresting officer's observations of defendant. The trial court stated that the breath analysis results "corroborated" the other evidence. Thus, even if the breath analysis test were improperly admitted into evidence, that error would be harmless beyond a reasonable doubt, and defendant's conviction woul
Page 1 2 3 4 5 6 7 8 9 Illinois DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|