PEOPLE v. CLAUDIO

No. 1-05-3336.

864 N.E.2d 954 (2007)

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. William CLAUDIO, Defendant-Appellee.

Appellate Court of Illinois, First District, Fourth Division.

March 15, 2007.


Attorney(s) appearing for the Case

Richard A. Devine, State's Attorney, James E. Fitzgerald, Kathleen Warnick, Craig L. Engebretson, Chicago, for Appellant.

Edwin A. Burnette, Public Defender, Cook County, Lester Finkle, Assistant Public Defender, Chicago, for Appellee.


Justice MURPHY delivered the opinion of the court:

The State of Illinois appeals from an order entered by the circuit court of Cook County granting defendant William Claudio's motion to suppress his breath test results. On appeal, the State contends that the test results were admissible because the police officer's failure to record defendant's test in the log book was merely a procedural and ministerial omission.

On February 15, 2003, defendant was stopped...

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