November 7, 2008
THE PEOPLE OF THE STATE OF ILLINOIS,
the Circuit Court
of Cook County
TJ 130 622
JUSTICE McBRIDE delivered the opinion of the court:
On May 5, 2006, defendant, Kevin Carey, was arrested and charged with driving under
the influence of alcohol (DUI) (625 ILCS 5/11-501(a)(2) (West 2006)) and aggravated assault
(720 ILCS 5/12-2(a)(1) (West 2006)). Prior to trial, defendant filed a motion in limine to bar
admission of the results of a breath test given to measure his blood-alcohol content. Following a
hearing, the trial court granted defendant’s motion and the State now appeals that suppression
order. For that reasons that follow, we reverse and remand.
The following evidence was presented at the hearing on defendant’s motion.
Sergeant Steven Cannizzo of the Chicago police department’s internal affairs division
testified that on the morning of May 6, 2006, he was notified that defendant had been placed
under arrest for aggravated assault and a possible DUI and was assigned to investigate the
incident. Sergeant Cannizzo arrived at the police station at approximately 7:30 a.m. and was told
by the arresting officers that defendant was being processed as a “refusal” to submit to a breath
test. The sergeant thereafter began his investigation.