People v. Olson
992 N.E.2d 610
Ill. App. Ct.2013Background
- Olson was charged with two DUI counts and improper lane usage in Du Page County.
- Olson underwent a breath test at the police department on May 29, 2010, which indicated intoxication.
- The breath-testing machine had a Certification Check on May 9, 2010, and the next check occurred on July 11, 2010, 63 days later.
- Olson moved in limine to bar admission of the breath test results, arguing noncompliance with 20 Ill. Admin. Code 1286.230 (63-day gap).
- The trial court granted the motion based on Clairmont’s ruling that 62-day certification is mandatory, and the State appealed.
- During a motion to reconsider, the State proposed substantial compliance evidence to rebut unreliability, but the court denied reconsideration and the matter proceeded to remand for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Clairmont mandate exclusion when certification gaps exceed 62 days? | People argued strict 62-day rule requires exclusion. | Olson argued substantial compliance can render results admissible. | Remanded for evidentiary hearing on substantial compliance; not decided on admissibility yet. |
| May the State rebut presumed unreliability via substantial compliance? | State contends substantial compliance can cure the gap. | Olson contends the gap still renders results inadmissible absent strict compliance. | Remanded to hear substantial compliance evidence; no final ruling on admissibility yet. |
| What is the proper standard of review for applying Clairmont to undisputed facts? | People relies on de novo review of legal standards. | Olson relies on trial court’s application of Clairmont. | Court treated the issue as de novo review and vacated/remanded accordingly. |
Key Cases Cited
- Clairmont, 2011 IL App (2d) 100924 (Ill. App. 2d 2011) (strict 62-day rule; potential for substantial compliance to render admissible breath test results)
- Bishop, 354 Ill. App. 3d 549 (Ill. App. 2d 2004) (substancial compliance concept referenced in admissibility analysis)
- Ebert, 401 Ill. App. 3d 958 (Ill. App. 2d 2010) (foundation requirements for breath-test evidence)