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

7 Illinois opinions name it 1 courts 2007–2021 1 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 (5)

CaseFollowedCited
People v. Orthgreen
ill · 1988 · cited in 4 Illinois opinions naming this issue, 2007–2021
2 sentences

2021Id. ¶ 21 To admit the results of a breath test into evidence, the State must lay a proper foundation, including “evidence that the breath test machine used for the test * * * was working properly, and was tested regularly for accuracy.” People v. Claudio, 371 Ill. App. 3d 1067, 1069-70 (2007) (citing People v. Orth, 124 Ill. 2d 326, 340 (1988); People v. Larsen, 323 Ill. App. 3d 1022, 1027 (2001)). “[T]he State must establish that the test was performed in accordance with section 11- 501.2(a) of the Illinois Vehicle Code [citation] and the regulations promulgated by the Illinois Department of

2021Id. ¶ 21 To admit the results of a breath test into evidence, the State must lay a proper foundation, including “evidence that the breath test machine used for the test * * * was working properly, and was tested regularly for accuracy.” People v. Claudio, 371 Ill. App. 3d 1067, 1069-70 (2007) (citing People v. Orth, 124 Ill. 2d 326, 340 (1988); People v. Larsen, 323 Ill. App. 3d 1022, 1027 (2001)). “[T]he State must establish that the test was performed in accordance with section 11- 501.2(a) of the Illinois Vehicle Code [citation] and the regulations promulgated by the Illinois Department of

14
People v. Larsengreen
illappct · 2001 · cited in 2 Illinois opinions naming this issue, 2007–2021
2 sentences

2021Id. ¶ 21 To admit the results of a breath test into evidence, the State must lay a proper foundation, including “evidence that the breath test machine used for the test * * * was working properly, and was tested regularly for accuracy.” People v. Claudio, 371 Ill. App. 3d 1067, 1069-70 (2007) (citing People v. Orth, 124 Ill. 2d 326, 340 (1988); People v. Larsen, 323 Ill. App. 3d 1022, 1027 (2001)). “[T]he State must establish that the test was performed in accordance with section 11- 501.2(a) of the Illinois Vehicle Code [citation] and the regulations promulgated by the Illinois Department of

2007Orth, 124 Ill. 2d at 340 ; Larsen, 323 Ill.

12
People v. Claudiogreen
illappct · 2007 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021Id. ¶ 21 To admit the results of a breath test into evidence, the State must lay a proper foundation, including “evidence that the breath test machine used for the test * * * was working properly, and was tested regularly for accuracy.” People v. Claudio, 371 Ill. App. 3d 1067, 1069-70 (2007) (citing People v. Orth, 124 Ill. 2d 326, 340 (1988); People v. Larsen, 323 Ill. App. 3d 1022, 1027 (2001)). “[T]he State must establish that the test was performed in accordance with section 11- 501.2(a) of the Illinois Vehicle Code [citation] and the regulations promulgated by the Illinois Department of

11
People v. Clairmontgreen
illappct · 2011 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021Id. ¶ 21 To admit the results of a breath test into evidence, the State must lay a proper foundation, including “evidence that the breath test machine used for the test * * * was working properly, and was tested regularly for accuracy.” People v. Claudio, 371 Ill. App. 3d 1067, 1069-70 (2007) (citing People v. Orth, 124 Ill. 2d 326, 340 (1988); People v. Larsen, 323 Ill. App. 3d 1022, 1027 (2001)). “[T]he State must establish that the test was performed in accordance with section 11- 501.2(a) of the Illinois Vehicle Code [citation] and the regulations promulgated by the Illinois Department of

11
People v. Ebertgreen
illappct · 2010 · cited in 1 Illinois opinions naming this issue, 2012–2012
1 sentence

2012People v. Ebert, 401 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 (2)

CaseCitedYears
The People v. Mulack green
ill · 1968
2 sentences

2008Our own supreme court, in rejecting an argument that the State’s attempt to admit the results of a breath test which the defendant claimed he was compelled to take was in violation of his fifth amendment rights, adopted the holding in Sehmerber in Mulack, 40 Ill. 2d at 431-33 .

2008Our own supreme court, 20 1-07-3262 in rejecting an argument that the State’s attempt to admit the results of a breath test which the defendant claimed he was compelled to take in violation of his fifth amendment rights, adopted the holding in Schmerber in Mulack, 40 Ill. 2d at 431-33 .

22008–2008
People v. Thompson green
ill · 2010
1 sentence

2021Id. ¶ 21 To admit the results of a breath test into evidence, the State must lay a proper foundation, including “evidence that the breath test machine used for the test * * * was working properly, and was tested regularly for accuracy.” People v. Claudio, 371 Ill. App. 3d 1067, 1069-70 (2007) (citing People v. Orth, 124 Ill. 2d 326, 340 (1988); People v. Larsen, 323 Ill. App. 3d 1022, 1027 (2001)). “[T]he State must establish that the test was performed in accordance with section 11- 501.2(a) of the Illinois Vehicle Code [citation] and the regulations promulgated by the Illinois Department of

12021–2021

Statutes the citing opinions construe

IL § 625 ILCS 5/11-501.2 (4) IL § 625 ILCS 5/11-501 (3)

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 41 (1989–2021) TX 23 (1972–2018) GA 18 (1980–2016) OR 15 (1973–2026) NE 9 (1980–2020) MO 7 (1988–2015) AZ 7 (1986–2016) IL 7 (2007–2021) ID 5 (1991–2022) CA 5 (1984–2022) VA 5 (1990–2023) IN 5 (1996–2018) NY 4 (1988–2009) KS 4 (1989–2022) FL 3 (2008–2011) AK 3 (1983–1989) IA 3 (1974–1975) MD 3 (2014–2022) UT 2 (1988–2026) WA 2 (1994–2016) MS 2 (2009–2013) ME 2 (2012–2026) MT 2 (1984–2001)

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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