People v. Eubanks
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A pedestrian, was killed by a hit-and-run driver near a Chicago intersection; her six-year-old son was seriously injured. A jury convicted Eubanks of first-degree murder (720 ILCS 5/9-1(a)(2)), failure to report an accident involving death or injury (625 ILCS 5/11-401(b), (d)), and aggravated driving under the influence (DUI) (section 11-501(a)(6), (d)(1)(C), (d)(1)(F). Before trial, Eubanks had unsuccessfully moved to suppress the results of blood and urine testing.
The Illinois Supreme Court reversed the appellate court’s holding that section 11-501.2(c)(2) was facially unconstitutional, holding that it is unconstitutional as applied to this case. The statute includes the type of general rule that the Supreme Court held will almost always support a warrantless blood test but that rule does not apply in this case. The state conceded that exigent circumstances were lacking and that the police never attempted to secure a warrant. The police told Eubanks that the law required him to give blood and urine samples, but they were not facing an emergency and dissipation was apparently not an issue. Seven hours passed between his arrest and his blood sample, and nearly 8.5 hours passed before he gave the urine sample. It “defies belief that the police could not have attempted to gain a warrant without significantly delaying" the testing. Because the state cannot prove the aggravated DUI charge without the evidence that should have been suppressed, the court upheld the reversal of that conviction and the remand for a new trial on the murder charge. The court reversed the appellate court’s judgment reducing the classification of the failure-to-report conviction.
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