results of the breath test (Illinois) · Go Syfert
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results of the breath test in Illinois

13 Illinois opinions name it 2 courts 1981–2019 0 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
People v. Bradleygreen
illappct · 1984 · cited in 2 Illinois opinions naming this issue, 2011–2011
2 sentences

2011See id. ¶ 17 We find further support in Goodwin.

2011See id. ¶ 17 We find further support in Goodwin .

22
People v. Flattgreen
ill · 1980 · cited in 2 Illinois opinions naming this issue, 2011–2011
2 sentences

2011Goodwin, 207 Ill.App.3d at 288 , 152 Ill.Dec. 210 , 565 N.E.2d 743 (citing People v. Flatt, 82 Ill.2d 250, 263-64 , 45 Ill.Dec. 158 , 412 N.E.2d 509 (1980)). ¶ 13 In the current matter, the State's appeal of the merits of defendant's midtrial motion to strike the results of the breath test is not the type of appeal contemplated by Rule 604(a)(1).

2011Goodwin, 207 Ill.App.3d at 288 , 152 Ill.Dec. 210 , 565 N.E.2d 743 (citing People v. Flatt, 82 Ill.2d 250, 263-64 , 45 Ill.Dec. 158 , 412 N.E.2d 509 (1980)). ¶ 13 In the current matter, the State's appeal of the merits of defendant's midtrial motion to strike the results of the breath test is not the type of appeal contemplated by Rule 604(a)(1).

12
People v. Williamsgreen
illappct · 1969 · cited in 1 Illinois opinions naming this issue, 1981–1981
1 sentence

1981See People v. Williams (1969), 105 Ill.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
People v. Keith green
ill · 1992
2 sentences

2019Keith , 148 Ill. 2d at 44 -45 , 169 Ill.Dec. 276 , 591 N.E.2d 449 . ¶ 31 The State urges this court to find that Keith stands for the proposition that where a proper foundation for a breath test cannot be laid under the requirements set forth in Orth and the Department's standards, then the breath-test can be alternatively admissible under the usual standards governing the admissibility of evidence.

2019Keith , 148 Ill. 2d at 44 -45 , 169 Ill.Dec. 276 , 591 N.E.2d 449 . ¶ 31 The State urges this court to find that Keith stands for the proposition that where a proper foundation for a breath test cannot be laid under the requirements set forth in Orth and the Department's standards, then the breath-test can be alternatively admissible under the usual standards governing the admissibility of evidence.

22019–2019
People v. Krueger green
illappct · 1968
2 sentences

2019Id. at 441 , 241 N.E.2d 707 . ¶ 30 The Keith court then affirmed the holding of the trial and appellate courts, finding that under the usual standards governing the admissibility of evidence, the results of the breath test were inadmissible because there was no evidence that the test was reliable.

2019Id. at 441 , 241 N.E.2d 707 . ¶ 30 The Keith court then affirmed the holding of the trial and appellate courts, finding that under the usual standards governing the admissibility of evidence, the results of the breath test were inadmissible because there was no evidence that the test was reliable.

22019–2019
People v. Wozniak green
illappct · 1990
2 sentences

2019Id. at 1089-90 .

2018Id. at 1089-90 , 146 Ill.Dec. 54 , 557 N.E.2d 996 .

22018–2019
People v. DeLuna green
illappct · 2002
2 sentences

2008The defendant’s argument in the case at bar is similar to that made by the defendant in DeLuna, 334 Ill.

2008The defendant's argument in the case at bar is similar to that made by the defendant in DeLuna, 334 Ill.

22008–2008
People v. Orth green
ill · 1988
1 sentence

2015The Illinois Supreme Court in People v. Orth, 124 Ill. 2d 326 (1988), did not say or imply that only the “actual printout” was admissible to show the results of the breath test. ¶3 BACKGROUND ¶4 The facts pertinent to this appeal are not in dispute. ¶5 At about 10:40 p.m. on July 21, 2010, Officers Lin and Loughney of the Chicago police department responded to a call of a traffic accident involving an unmarked police car.

12015–2015
People v. Goodwin green
illappct · 1991
2 sentences

2011Goodwin, 207 Ill.App.3d at 288 , 152 Ill.Dec. 210 , 565 N.E.2d 743 (citing People v. Flatt, 82 Ill.2d 250, 263-64 , 45 Ill.Dec. 158 , 412 N.E.2d 509 (1980)). ¶ 13 In the current matter, the State's appeal of the merits of defendant's midtrial motion to strike the results of the breath test is not the type of appeal contemplated by Rule 604(a)(1).

2011Goodwin, 207 Ill.App.3d at 288 , 152 Ill.Dec. 210 , 565 N.E.2d 743 (citing People v. Flatt, 82 Ill.2d 250, 263-64 , 45 Ill.Dec. 158 , 412 N.E.2d 509 (1980)). ¶ 13 In the current matter, the State's appeal of the merits of defendant's midtrial motion to strike the results of the breath test is not the type of appeal contemplated by Rule 604(a)(1).

12011–2011
People v. Young green
ill · 1980
1 sentence

1992Instead we rely solely upon the good-faith evaluation by the prosecutor of the impact of the suppression order on his case.” (Young, 82 Ill. 2d at 247 .) We thus rely upon the good-faith evaluation by the prosecutor of the impact of the suppression order on his case and hold that this appeal is properly before this court.

11992–1992
State v. Batiste green
la · 1976
1 sentence

1992The court denied the motion to suppress, stating: “I agree that the operator’s license was not introduced into evidence, but I will not follow the Louisiana case [State v. Batiste (La. 1976), 327 So. 2d 420 ].

11992–1992
State v. Caviness neutral
ncctapp · 1970
1 sentence

1992(State v. Caviness (1970), 7 N.C.

11992–1992
People v. Romano green
illappct · 1985
1 sentence

1990In People v. Romano (1985), 139 Ill.

11990–1990

Statutes the citing opinions construe

IL § 625 ILCS 5/11-501 (8) IL § 625 ILCS 5/11-501.2 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 17 (1990–2019) TX 14 (1993–2016) IL 13 (1981–2019) GA 12 (1982–2020) IN 11 (1993–2023) CA 9 (1978–2026) MO 9 (1993–2023) OR 9 (1985–2026) NY 7 (1983–2018) AK 6 (1985–2014) TN 5 (1974–2017) VT 5 (1978–2002) NE 5 (1977–2007) MT 5 (1997–2003) ND 5 (2018–2020) IA 5 (1974–2020) NM 4 (2008–2009) VA 4 (1995–2024) LA 3 (1984–1988) MS 3 (1997–2015) KS 3 (1980–2001) MN 3 (1983–2015) NC 3 (1992–1996) HI 3 (2014–2015) WA 2 (2009–2021) AZ 2 (1981–1982) ID 2 (1972–2024) MA 2 (2024–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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