People v. Ebert

The State appeals from an order granting a motion in limine by defendant, Matthew E Ebert, to bar the State from introducing the results of a Breathalyzer test in defendant’s prosecution for driving under the influence of alcohol (DUI) (625 ILCS 5/11 — 501 (West 2006)). We reverse and remand.

At the hearing on the motion in limine, defendant testified that he was arrested for DUI on September 3, 2006, and was taken to the Hampshire police department, where he was placed in a holding cell that consisted of a “fenced-in cage.” A police officer sat at a desk outside the holding cell. After about…