PEOPLE v. CADY

No. 3-99-0158.

724 N.E.2d 549 (2000)

311 Ill. App.3d 348

243 Ill.Dec. 950

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. David L. CADY, Defendant-Appellee.

Appellate Court of Illinois, Third District.

February 1, 2000.


Attorney(s) appearing for the Case

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Gary L. Spencer, State's Attorney, Morrison, Gary F. Gnidovec (argued), State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Joseph M. Gibson (argued), Peoria, for David L. Cady.


Justice KOEHLER delivered the opinion of the court:

The State appeals the Whiteside County circuit court's grant of defendant David L. Cady's motion in limine barring admission of the defendant's breath-analysis result. This court must decide whether the circuit court erred when it concluded that the State had not met its burden to show that the breathalyzer unit used to test the defendant's breath had been properly certified as accurate pursuant to the statute...

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