DUI ‘margin of error’ test up to jurors

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted May 21, 2018 12:58 PM

Nina M. Robledo’s challenge to the sufficiency of the evidence in a DUI case was based on the margin of error — plus or minus 0.005 percent — for results from an Intox EC/IR-II blood alcohol level tester.Lake County prosecutors charged Robledo with violating Section 11–501(a)(1) of the Illinois Vehicle Code by allegedly driving with a breath alcohol concentration, or BAC, of 0.08 percent or more.Mundelein police officer Michael Bond used the Intox device to test Robledo’s breath on Sept. 28 …

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