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PEOPLE v. OLSEN

No. 2-07-0894.

903 N.E.2d 778 (2009)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Roger W. OLSEN, Defendant-Appellant.

Appellate Court of Illinois, Second District.

February 11, 2009.

Attorney(s) appearing for the Case

Michelle L. Moore, Law Office of Michelle L. Moore, Wheaton, IL, for Appellant.

Joseph E. Birkett, DuPage County State's Attorney, Lisa Anne Hoffman, Assistant State's Attorney, Wheaton, IL, Lawrence M. Bauer, Deputy Director State's Attorney Appellate Prosecutor, Mary Beth Burns, State's Attorneys Appellate Prosecutor, Elgin, IL, Steven J. Biagi, Assistant State's Attorney, Rockford, IL, for Appellee.

Justice BOWMAN delivered the opinion of the court:

Following a bench trial, defendant, Roger W. Olsen, was convicted of driving with a blood alcohol level of 0.08 or more (625 ILCS 5/11-501(a)(1) (West 2004)). On appeal, defendant argues that: (1) the State failed to lay a proper foundation for the admission of his blood test results; (2) the trial court erred in taking judicial notice of Title 20, section 1286.40, of the Illinois Administrative Code (Administrative...

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