Legal Opinion

People v. Carey

Appellate Court of Illinois

Decided November 7, 2008No. 1-07-3262PublishedCited by 7 opinions

1Opinion of the CourtJustice McBRIDE

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 the reasons that follow, we reverse and remand.

The following evidence was presented at the hearing on defendant’s motion.

S…

2Cases cited27 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. Ornelas v. United StatesSupreme Court of the United States · 1996
  3. Oregon v. ElstadSupreme Court of the United States · 1985
  4. Garrity v. New JerseySupreme Court of the United States · 1967
  5. Holt v. United StatesSupreme Court of the United States · 1910

22 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Michael Seiser v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2014
  2. People v. HarrisonAppellate Court of Illinois · 2016
  3. People v. SmithAppellate Court of Illinois · 2010
  4. People v. WrightAppellate Court of Illinois · 2011
  5. People v. WrightAppellate Court of Illinois · 2011

2 more not listed; retrieve them via the Exa API.

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