People v. Cortez

837 N.E.2d 449, 361 Ill. App. 3d 456, 297 Ill. Dec. 366, 2005 Ill. App. LEXIS 1047
CourtAppellate Court of Illinois
DecidedOctober 14, 2005
Docket2-04-0935
StatusPublished
Cited by19 cases

This text of 837 N.E.2d 449 (People v. Cortez) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Cortez, 837 N.E.2d 449, 361 Ill. App. 3d 456, 297 Ill. Dec. 366, 2005 Ill. App. LEXIS 1047 (Ill. Ct. App. 2005).

Opinion

PRESIDING JUSTICE O’MALLEY

delivered the opinion of the court:

Defendant, Paul Cortez, appeals his conviction, after a bench trial, of one count of driving a vehicle with a blood-alcohol concentration of 0.08 or greater (625 ILCS 5/11—501(a)(1) (West 2002)). On appeal, defendant argues that the trial court erred in (1) denying his motion to quash arrest; (2) allowing the State to introduce undisclosed opinion testimony; (3) allowing the State to introduce the result of a blood test; (4) accepting expert testimony converting defendant’s serum blood test results to a whole blood equivalent; and (5) finding him to be proven guilty beyond a reasonable doubt. In his reply brief, defendant also argues that the blood test used against him was improperly admitted because it did not comply with section 11 — 501.2 of the Illinois Vehicle Code (625 ILCS 5/11—501.2 (West 2002)). We affirm.

On April 24, 2003, at approximately 4 p.m., defendant lost control of his black sport utility vehicle as he drove down an interstate entrance ramp. After defendant lost control, the car apparently rolled over before coming to rest in a ditch next to the interstate. State Trooper Robert Patterson arrived at the scene of the accident, summoned an ambulance, and briefly questioned defendant regarding the incident. Defendant rode in the ambulance to the hospital, where he received medical treatment from Dr. Brian Kern. Shortly after defendant arrived at the hospital, Patterson arrested him for driving under the influence of alcohol (625 ILCS 5/11 — 501(a)(2) (West 2002)). Based on defendant’s blood test, he was also charged with operating a motor vehicle with a blood-alcohol concentration of 0.08 or greater (625 ILCS 5/11—501(a)(1) (West 2002)).

Before his trial began, defendant filed a motion to quash his arrest on the ground that Patterson lacked probable cause to arrest him. The trial court held a hearing on defendant’s motion on March 15, 2004.

Trooper Patterson was the only witness to testify at the hearing. He testified that he was dispatched to the scene of defendant’s accident at approximately 4 p.m. on April 24, 2003. Upon his arrival, Patterson noticed two sets of skid marks on the interstate entrance ramp, and he saw a black sport utility vehicle lying on its driver’s side in the ditch approximately 25 to 50 feet from the interstate. He testified that only the driver’s side of the car showed any damage. At that time, Patterson approached defendant, who was standing next to his vehicle in the ditch, and asked if he needed medical attention. Defendant informed Patterson that his back and neck were injured and that he needed an ambulance. Patterson testified that defendant had bloodshot eyes, that there was a strong odor of alcohol on defendant’s breath, that defendant was swaying forward and backward as the two talked, and that defendant slurred his speech. Defendant also admitted to having consumed “a couple beers.” Patterson stated that he did not ask defendant to perform any field sobriety tests “due to [defendant’s] injury.”

Defendant claimed to Patterson that the accident was the result of a vehicle, which defendant could not describe, running him off the entrance ramp. Patterson noted that the entrance ramp was only one car lane wide and that, if two cars were to drive on the ramp side-by-side, one would have to drive in the gravel alongside the paved portion of the ramp. Patterson stated that he found no tire tracks in the gravel next to the ramp on the day of the accident. He described the traffic as “light” at the time that he arrived at the scene. Patterson described the skid marks on the ramp as follows:

“Okay the skid marks there was [sic] basically two sets. First set was approximately 50, 75 foot [sic] after the entrance into the ramp and the way the marks [sic] skid marks, it went to the right like going to the right ditch. That’s the way the curve of the ramp was heading. It *** kind of straightened back out. It looked to me that the vehicle wasn’t straightened out, so in that time I believe that he was braking, tried to avoid that ditch, over correct it to the left which in that time period there was a brief, there’s [sic] no skid marks. Once the vehicle went back corrected to the left heading toward the left ditch there was [sic] more skid marks and directly after the skid marks went down into the ditch.”

Patterson concluded that the vehicle had not rolled over completely but merely “went from the wheels to the driver’s side.”

Patterson admitted that, in front of the grand jury, he had testified that defendant told him that defendant did not need an ambulance at the scene of the accident. Patterson also admitted that his police report listed the time of defendant’s arrest as 4:12 p.m., when, in fact, the arrest occurred in the hospital sometime after 4:12, which was actually the time Patterson arrived at the scene of the accident.

In its ruling on the motion to quash, the trial court summarized Patterson’s testimony, including the indicia of intoxication Patterson had mentioned. It also noted the discrepancy between Patterson’s grand jury testimony and his hearing testimony, but it concluded that “[fit’s pretty clear that [defendant] did in fact ask for an ambulance.” The court also noted that Patterson’s testimony “[that] the traffic was light certainly doesn’t make a lot of sense to the court,” based on the time of day and location of the accident. However, the court concluded that it did not “find [Patterson’s] testimony to have been so impeached that it’s unbelievable as to these other things that he has indicated for the court.” The court then denied defendant’s motion to quash his arrest.

Before the start of defendant’s bench trial, defendant made several motions in limine, including a motion to prohibit introduction of any undisclosed statements by defendant, a motion to prohibit the State’s calling undisclosed witnesses, a motion to prohibit the introduction of any opinion evidence not previously disclosed, a motion to exclude “any foundation evidence for opinions that have not yet been previously disclosed,” and a motion to exclude “any evidence from a non-testifying witness.” The court granted all but the latter two motions, on which it reserved ruling.

Defendant’s bench trial took place on June 10 and 11, 2004. Paramedic Terence Reilly was the first witness to testify. He testified that he was dispatched to the location of a rollover accident at approximately 4 p.m. on April 24, 2003, and, upon his arrival at the scene, Patterson directed him to defendant. Reilly stated that defendant’s car had rolled over D/2 times but that defendant had not lost consciousness and had sustained only minor injuries. He also reported that the roof of the car was “smashed down approximately six inches” and that the car’s windshield was shattered. Reilly testified that he transported defendant to the emergency room via ambulance and that he administered 200 cubic centimeters of saline solution intravenously to defendant after swabbing defendant’s left arm with rubbing alcohol in order to forestall infection. Reilly described the application of rubbing alcohol as follows:

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Cite This Page — Counsel Stack

Bluebook (online)
837 N.E.2d 449, 361 Ill. App. 3d 456, 297 Ill. Dec. 366, 2005 Ill. App. LEXIS 1047, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cortez-illappct-2005.