 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Coffin6/3/1999
Appeal from the Circuit Court of Cook County. Honorable Sam L. Amirante, Judge Presiding.
Following a car accident, the defendant, Christopher Coffin, was charged with failing to reduce the speed of his vehicle to avoid an accident (625 ILCS 5/11-601(a) (West 1996)), and driving under the influence of alcohol (DUI) (625 ILCS 5/11-501(a)(2) (West Supp. 1997) . Prior to trial, the defendant brought a motion in limine seeking to prevent the State from entering into evidence the result of a blood-alcohol content (BAC) test that was performed while he was receiving treatment in the emergency room at a hospital shortly after the accident occurred. The trial court granted his motion, and the State has appealed.On September 17, 1997, the defendant caused a car accident when he rear-ended a vehicle that was stopped in traffic. Rolling Meadows police officer S. Sowinski arrived at the scene and observed that the defendant had "slurred/mumbled speech, glassy/bloodshot eyes and poor balance." The defendant failed the field sobriety tests and refused to take a breathalyzer test. According to the record, the defendant was warned that his refusal to submit to a BAC test would result in the summary suspension of his driving privileges. The defendant was then arrested and taken to the police station.
While at the station, the defendant complained of abdominal pain. As a result, he was transported to the emergency room at a nearby hospital. In the emergency room, the defendant was handcuffed to a rail, and Officer Sowinski remained at his side while he received medical assistance. The officer again asked the defendant if he would submit to a breathalyzer, blood, or urine test, but the defendant refused. During the course of his medical treatment, the defendant consented to have his blood drawn. The result of the BAC test showed that the defendant's blood-alcohol level was 0.116, well over the 0.080 legal limit at the time (625 ILCS 5/11-501 (West Supp. 1997)).
The Secretary of State subsequently sent the defendant a notice confirming the summary suspension of his driver's license under section 11-501.1 of the Illinois Vehicle Code (Code) (625 ILCS 5/11-501.1 (West Supp. 1997). Nothing in the record indicates that the defendant sought to rescind the suspension of his license.
Prior to his DUI trial, the defendant brought a motion in limine seeking to preclude the State from introducing into evidence the result of the BAC test that was taken at the hospital. At the hearing on his motion, the defendant argued that, under People v. Wisbrock, 223 Ill. App. 3d 173, 584 N.E.2d 513 (1991), the State was judicially estopped from introducing the blood test result into evidence because the State previously suspended his license for his refusal to take such a test. The defendant stated that his motion was based on the same arguments that were made by the defendant in People v. Schumacher, No. 92 MC 360083, an unpublished memorandum decision previously rendered by the trial court. Schumacher was apparently a case with similar facts, in which the trial court ruled that the State was judicially estopped from introducing the result of a BAC test at the defendant's DUI trial. Although both parties had a copy of the transcript from the trial court proceedings in Schumacher, it is not contained in the record for our review on appeal.
The State argued that the judicial estoppel doctrine was inapplicable because it had not taken an inconsistent position in a prior legal proceeding. The State acknowledged that the defendant's driver's license was previously suspended for his refusal to take a BAC test, as required by section 11-501.1 of the Code (625 ILCS 5/11-501.1 (West Supp. 1997). Howeve
Page 1 2 3 4 Illinois DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|