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People v. Rosinski7/21/2004
estify that IDPH had a different intent when drafting the regulation.
In the present appeals, the trial courts relied on the holding of Hanna I to grant defendants' motions in limine, suppressing the breath test results because the testing instruments were not properly tested before approved. The Hanna II **1083 ***390 court reversed Hanna I, holding that section 510.40(c) of title 77 did not require that IDPH duplicate NHTSA's tests. Hanna II, 207 Ill.2d at 501, 279 Ill.Dec. 618, 800 N.E.2d 1201. As a result, the trial courts' conclusion that defendants' breath tests were not admissible under section 11-501.2(a)(1) of the Vehicle Code cannot stand.
The judgments of the circuit courts of Du Page and Boone Counties are reversed and the causes are remanded for further proceedings.
Reversed and remanded.
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