People v. Kilpatrick

The State appeals from an order of the circuit court of Du Page County which granted the motion in limine of defendant, Timothy L. Kilpatrick, and prohibited the State from introducing the results of defendant’s breathalyzer test into evidence at trial. The sole issue raised by the State on appeal is whether the trial court properly excluded evidence of the breathalyzer test based on the alleged improper certification of the breathalyzer machine. We reverse and remand.

On December 3, 1989, defendant was charged with speeding (Ill. Rev. Stat. 1989, ch. 95½, par. 11 — 601(b)), driving under the…