People v. Lukach

The State appeals from the circuit court’s order granting defendant’s motion to suppress evidence of a blood-alcohol concentration test (BAG) after reconsidering its prior denial of defendant’s motion. We affirm.

Defendant, Robert J. Lukach, was indicted for the offense of reckless homicide (Ill. Rev. Stat. 1991, ch. 38, par. 9—3(a) (now 720 ILCS 5/9—3(a) (West 1992))) stemming from his involvement in a single-car accident which occurred on July 11, 1991, in Aurora, Illinois. After defendant was admitted to the hospital following the accident, the police requested a BAG test in reliance on the…