People v. Durbin

PRESIDING JUSTICE NASH

delivered the opinion of the court:

The State appeals from an order of the trial court which suppressed evidence of the results of a blood test taken at the request of defendant, Robert L. Durbin, at a hospital laboratory which was not certified for such chemical analysis by the Illinois Department of Public Health.

An indictment was returned on May 17, 1984, charging defendant with aggravated battery (Ill. Rev. Stat. 1983, ch. 38, par. 12 — 3(a)(1)) and driving while under the influence of alcohol (Ill. Rev. Stat. 1983, ch. 95 V2, par. 11 — 501(aX2)). In a bench trial on…