People v. Hutt, 2023 IL 128170 (May). Episode 997 (Duration 7:28)
Defendant took no action to affirmatively comply with the search warrant, he also took no action to place his blood or urine out of sight or hide either from view.
[Read more…]Retrograde Extrapolation, Does 4 Hour Delay Cause Admissibility Problems?
People v. Epstein, 2022 IL 127824 (November). Episode 971 (Duration 14:32)
The BAC test result obtained 4 hours after driving is highly probative regardless of whether retrograde extrapolation may be performed to calculate defendant’s BAC while driving.
[Read more…]Expert Is Required To Convert From Blood Serum To Whole Blood Alcohol Concentration
People v. Heineman, 2023 IL 127854 (January). Episode 921 (Duration 9:08)
There is a scientifically acceptable range of possible conversion factors—defined by science and developed by toxicologists—based on a determination of the average amounts of serum and other matter in whole blood.
[Read more…]There Is A Difference Between Implied Consent And Actual Consent To A Blood Draw
People v. Patel, 2020 IL App (2d) 190532 (September). Episode 819 (Duration 7:05)
In a DUI trial State admitted results of blood and urine tests relying on defendant’s actual consent and not relying on an implied consent.
[Read more…]When it Comes To Hospital Blood Is There A Conflict Between Rules of Evidence And The Vehicle Code?
People v. Deroo, 2020 IL App (3d) 170163 (May). Episode 779 (Duration 9:20)
Hospital blood admitted despite conflict between the rules of evidence and clear legislation on the matter.
Read moreSome Forced Warrantless Blood Draws Remain Legal But Not This One
People v. Eubanks, 2019 IL 123525 (December). Episode 714 (Duration 23:37)
626 ILCS 11-501.2(c)(2) is constitutional and blood may be drawn if there is a death or serious injury, but not in this case.
[Read more…]Police Have To Be Reminded To Go Get A Warrant Before They Draw Dude’s Blood
People v. Pratt, 2018 IL App (5th) 170427 (December). Episode 574 (Duration 6:41)
Warrantless blood draw after an accident deemed unconstitutional blood results excluded.
[Read more…]Defendant Argued His Hospital Blood Could Not Be Used Against Him In A Civil Suspension Hearing
People v. Quigley, 2018 IL App (1st) 172560 (November). Episode 565 (Duration 9:50)
He was plastered and sends his car air born on the expressway, nonetheless, he says his hospital blood can’t be considered in a civil suspension hearing.
[Read more…]Consensual Blood Draw In An Illinois DUI Has To Be Clear And Unequivocal Especially If You Have Not Been Ticketed
People v. Hayes, 2018 IL App (5th) 140223 (February). Episode 461 (Duration 17:53)
Defendant runs over and kills a 7 year old boy, however, the resulting DUI blood draw is out because defendant was never under arrest.
[Read more…]Police Arrest The Defendant And Hold Her Down While She’s Catheterized NonetheLess No State Action
People v. Sykes, 2017 IL App (1st) 150023 (December). Episode 439 (Duration 9:13)
Cops help hold her down while they force catheterize her, was this an illegal seizure after they captured and tested her urine?
[Read more…]