Breath test error tosses driver’s DUI

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted September 23, 2016 1:05 PM

Updated September 30, 2016 4:06 PM

Section 11-501.5(a) of the Illinois Vehicle Code — which says a police officer “may request” that a driver submit to a portable breath test, or PBT, when the officer reasonably suspects that the motorist was driving under the influence of alcohol — also declares: “The person may refuse the test.”In a DeKalb County DUI case, the trial judge granted Aaron Taylor’s motion to quash PBT evidence and suppress his arrest because the arresting officer, Paul Delisio, allegedly failed to …

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