People v. Foster

Following a bench trial, the defendant, Jeffrey Foster, was convicted of operating a motor vehicle at a time when his blood alcohol level was 0.10 or above. (Ill. Rev. Stat. 1983, ch. 95x/2, par. 11— 501(a)(1).) The defendant argues on appeal that: (1) he was not proved guilty beyond a reasonable doubt; (2) the trial court erred in its interpretation of the charged offense and improperly shifted the burden of proof from the State to the defendant; and (3) the breath test analysis was improperly admitted into evidence. We reverse.

In the early morning of November 13, 1983, Delavan Police…