388 Ill. App. 3d 704 - People v. Olsen’s Empirical Analysis

Citation profile

19 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(a) Upon the trial of any civil or criminal action or proceeding arising out of an arrest for an offense as defined in Section 11 — 501 or a similar local ordinance or proceedings pursuant to Section 2 — 118.1, evidence of the concentration of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof in a person’s blood or breath at the time alleged, as determined by analysis of the person’s blood, urine, breath or other bodily substance, shall be admissible. Where such test is made the following provisions shall apply: 1. Chemical analyses of the person’s blood, urine, breath or other bodily substance to be considered valid under the provisions of this Section shall have been performed according to standards promulgated by the Department of State Police by a licensed physician, registered nurse, trained phlebotomist acting under the direction of a licensed physician, certified paramedic, or other individual possessing a valid permit issued by that Department for this purpose. The Director of State Police is authorized to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct such analyses, to issue permits which shall be subject to termination or revocation at the discretion of that Department and to certify the accuracy of breath testing equipment. The Department of State Police shall prescribe regulations as necessary to implement this Section.” 625 ILCS 5/11 — 501.2(a)(1) ”

   1 later decision quote this exact passage · from the majority
   e.g. 398 Ill. App. 3d 1019 - People v. Henry

2. “the statutory phrase 'the regular course of providing emergency medical treatment' relates to a uniform standard applicable to emergency medical providers throughout the State of Illinois when 'providing emergency medical treatment.' " Further, defendant maintains the evidence in his case showed the chemical testing at issue was inconsistent with Carle's hospital protocol, given the severity of his injuries, and thus, evidence of the testing was inadmissible at his trial. We disagree. ¶ 86 Here, evidence presented to the trial court established defendant was taken to Carle's emergency department following the motor vehicle accident and provided treatment by Carle's emergency department personnel. Nurse Kocher testified she performed a blood draw on defendant shortly following his arrival at Carle at the direction of Dr. Hans, the emergency room doctor, rather than any law enforcement agency. According to the stipulated evidence at defendant's bench trial, Dr. Hans ordered the blood draw while treating defendant and "due to the nature of the incident that preceded his hospital visit,”

   1 later decision quote this exact passage · from the majority
   e.g. People v. Beck

3. “The primary rule of statutory construction is to ascertain and give effect to the legislature's intent, which is best determined by the statutory language's plain and ordinary meaning.”

   1 later decision quote this exact passage · from the majority
   e.g. People v. Beck