People v. Olsen

              No. 2--07--0894 Filed: 2-11-09
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Du Page County.
)
Plaintiff-Appellee, )
)
v. ) No. 04--DT--5581
)
ROGER W. OLSEN, ) Honorable
) John J. Kinsella,
Defendant-Appellant. ) Judge, Presiding.
______________________________________________________________________________
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 Code) (20 Ill. Adm. Code §1286.40 (Conway Greene CD-ROM June 2001)),
which provides a conversion factor for blood serum alcohol concentration to whole blood alcohol
concentration; and (3) he was not proven guilty beyond a reasonable doubt. We affirm.
I. BACKGROUND
Defendant was charged initially in November 2004 with driving under the influence of
alcohol (DUI) (625 ILCS 5/11--501(a)(2) (West 2004)) (count I) and failure to yield the right-of-way
when turning left (625 ILCS 5/11--902 (West 2004)) (count II). On January 19, 2005, he filed a