County of Union, Illinois Rollie Hawk, CIO Office of the Chief Information Officer (618) 925-2470 309 W. Market—Room 115 [email protected] Jonesboro, IL 62952 @unioncountycio
February 1, 2018
[sent via email]
Patrick Trexler
RE: FOIA Request for Review — 2017 PAC 48416
Dear Mr. Trexler:
Please find attached the requested records—previously denied—per the attached determination by the Public Access Counselor that they are not exempt from release.
The attached records include the following redactions:
• Home addresses, personal telephone numbers, social security numbers, license plate numbers and driver’s license numbers are defined as personal information in Section 2(c-5) of FOIA (5 ILCS 140/2(c-5)) and per Section 7(1)(b) of FOIA (5 ILCS 140/7(1)(b)) are exempted. • Dates of birth are exempt under Section 7(1)(c) of FOIA (5 ILCS 140/7(1)(c)) as approved by the Office of the Attorney General in pre-authorization letter 2011 PAC 13577. • The names of third parties who were never arrested or were incidentally mentioned in police reports are exempted under Section 7(1)(c) of FOIA (5 ILCS 140/7(1)(c)) as approved by the Office of the Attorney General in pre-authorization letter 2011 PAC 12140.
We also have one video file available. We will mail that separately via postal mail.
We consider this request completed. Please notify me if I can be of further assistance.
Sincerely,
Rollie Hawk, Chief Information Officer
Enclosure
Cc: Tyler R. Edmonds, State’s Attorney Edie Steinberg, Assistant Attorney General Jeremy Lloyd, Public Defender IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT UNION COUNTY, ILLINOIS
THE PEOPLE OF THE STATE OF ILLINOIS
vs. NO. 2016-DT-33
PATRICK WAYNE TREXLER,
Defendant
CERTIFICATE OF COMPLIANCE AND PROOF OF SERVICE
NOW COME the PEOPLE OF THE STATE OF ILLINOIS by TYLER R. EDMONDS, Union
County State’s Attorney, by his Assistant State's Attorney, Daniel Klingemann, and hereby certify that the State has provided the People’s First Supplemental Disclosure to Accused (the
“Disclosure”), in the above entitled cause, pursuant to, Sections 114-9 and 114-10 of the Code of
Criminal Procedure, and Article VI, Rule 6.1 of the Rules of the Circuit Court, First Judicial Circuit,
State of Illinois, and has provided a true and correct copy of the Disclosure to:
J. Jeremy Lloyd 102 North 4th Street P.O. Box 455 Vienna, IL 62995 Attorney for Defendant
The Disclosure was deposited by ______into the designated box located in the Union County Circuit Clerk's Office, on this ____ day of ______, 2017.
Additional discovery will be supplemented as it becomes available.
______Daniel Klingemann Assistant State's Attorney 309 West Market Street, Rm 239 Jonesboro, Illinois 62952 (618) 833-7216 (618) 833-3349 facsimile •
State of Illinois Department of State Police LICENSE, PERMIT, CERTIFICATION, REGISTRATION
The person, firm or corporation whose name appears on this certificate has complied with the provisions of the Illinois Statutes and/or rules and regulations and is hereby authorized to engage in the activity as indicated below. Issued under the authority of The State of Illinois Department of State Police
l.D. NUMBER CATEGORY ISSUED EXPIRES
0619400 R BAO Certification _ 05/10/2015 05/10/2018 PBT-E 72°/o PASS
Stroehlein, Jeffrey
• Union County SO 307 West Market Jonesboro IL 62952-0000
Printed by the Authority of the State of Illinois • ISP 8-39 (11/00)' ..'
\ ------r - • ------1- I State of Illinois I Department of State Police State of Illinois I I I LICENSE, PERMIT, CERTIFICATION, REGISTRATION I Department of State Police • I l.D. NUMBER CATEGORY ISSUED EXPIRES I LICENSE, PERMIT, CERTIFICATION, REGISTRATION 0619400 BAO "":':i':'"·o5/10/2015 05/10/20181 I ~;·_ ....;- -.· ... ·. ,.... certification ·• .· · ., .. ,, ...... , ,,. .,.., ·~". . . ·: - The person, firm or corporation whose name appears on this certificate has complied with the ,E'~!'·· _,,:.... : ,'•' I Ps:T.. .-. . - ...... I :• ·---:. . ·.: provisions of the Illinois Statutes and/or rules and regulations and is hereby authorized to engage (1 ·;·: ;;;,.-.~::.--.;:" !.,-,--·-"...._ •. , - . ·, in the activity as indicated below. I Strooptt?ln~. Jeffrey I -.~ ,, ' ,,;_r, ,.:"\,. .' I• '· , 1 -· ,, ....!~1-·• •/ .. ' . Issued under the authority of The State of Illinois Department of State Police . ' . ~ . . . ' . - ' '' . ' ' . ~- -·:.' . I ··-.·.:.,·'. I -·· . _.,._..-,.. - . J.D. NUMBER CATEGORY ISSUED EXPIRES .. '\ I Union County SO '·' I 0619400 R · · BAO Certification 05/10/2015 05/10/2018 ISP 8·39 (11/00) I I------....:..J PBT-E I • Stroehlein; Jeffrey I • I REMOVE THIS CARD TO CARRY - Union County SO I AS AN IDENTIFICATION 307 West Market - . I· Jonesboro IL 62952-0000 I I <::i DISPLAY THIS PART IN A CONSPICUOUS PLACE I I Union County SO Printed by the Authority of the State of Illinois• ISP 8-39 (11/00) I 307 West Market I , ~~~~~~~~ ... I Jonesboro .. IL 62952-0000 ISP 8·39 (11/00) "' I I I I I Form 188 - 78729 Appearance Bond Byers Printing Company, Springfield, IL ~ J IN THE CIRCUIT COURT OF THE ~I-- JUDICIAL CIRCUIT _ __• _ • 1_.~_/\______COUNTY, ILLINOIS
THE PEOPLE OF THE STATE OF ILLINOIS ) NO.: ) Defendant's date of birth: vs. ) Social Security #: 1 Defendant: _1_n.;.__J---'-_1_, _~<_< _Y_\_l __ Driver's License #: APPEARANCE BOND The person named above, as DEFENDANT, and whose signature appears below, has been charged with the offense(s) '
(.C Bond for this offense has been set at$ ______I/\( I ______dollars. Therefore, in consideration of being released from custody, the DEFENDANT, AGREES: I. That he/she is indebted to the PEOPLE OF THE STATE OF ILLINOIS in the full amount of the appearance bond stated above.
2. That as security for the performance of this agreement, there has been deposited the following: -- I 0% BOND. The Defendant/Depositor has deposited$ {' ct· in cash 10% of the bond as stated above. __ RECOGNIZANCE or Individual Bond. __;;:___ BOND PROCESSING FEE$ //{ t /'J Approved ______
3. That the "DEFENDANT SHALL: ...,-- ,.. I '( A. Personally appear to answer the charge(s) at the County Courthouse, 1 , Illinois on ') - c:-.2 I , 20 _I_ at 'rl 1 1-t , Courtroom # ___ and appear each time as ordered by the Court, until discharged. B. Submit himself/herself to the orders and process of the Court. C. Not violate any criminal statute of any jurisdiction. D. Not leave the State of Illinois without permission of the Court. E. Give written notice of any address change to the Clerk of this Court within 24 hours. F. If the defendant is charged with the offense of domestic battery, upon release the defendant shall, for a minimum of 72 hours, refrain from the contact or communicating with the victim and refrain from entering or remaining at the victims residence. G. Surrender firearms for any felony violation, domestic violence violation or violation of Cannabis or Controlled Substance Acts. H. Other Conditions: ______
NOTICE TO PERSON PROVIDlNG BOND MONEY CERTIFICATE OF DEFENDANT IF OTHER THAN DEFENDANT I, the Defendant, do hereby state that I koow and understand the terms and condi I hereby :acknowledge th:.lt t have poi:ted bond for the defendant named above. r further under tions of this appearance bond as shown on the FRONT AND REVERSE SIDE of stand that the bond may be used to pay costs. attoroey·s fees, fines or other purposes authorized this appearance bond form . I understand further that if at any time prior to the final by the Coun. and if the defendant fails to comply with the conditions of the bail bond. lhe coun disposition of the charge(s). I escape or am released on bond and fail to appear in shall enter an order declaring the bail to be forfeited. I further understand tliat if the defendant Coun when required I thereby waive my right to confront the witnesses against is convicted pan or all of the bond may be used to l"'Y fines, costs, fees and restitution. me: the trial and/or sentencing can proceed in my absence: I forfeit the security Print Depositor;s Name ______I ______posted: judgment will be entered against me for the full amount of t11is bond, plus costs; a warrant may be issued, in which event additional bond may be required to be posted. I understand and accept the terms and conditions set forth above and on the reverse of this appear.lllce bond.
ASSfGNMENT OF BOND BY THE DEFENDANT I hereby authorize the return of the bond herein posted to the person shown above after all conditions of this bond have been met Signahire of DEFENDANT: ------Signed and acknowledged before me and bond received by (SEAL) me this __ day of 20 _!_(_ WHITE - Court Copy CANARY - Defendant's Copy Signature of OFFICIAL _,..o..__.;..-<-/_·_ £/JI)______PINK - Police Copy I Page# 1tSd Breath Analysis Instrument Log Location: Instrument: Serial# 0 \ \ ~ QY,
Date Name of Subject Time 1•• Time of Test Result Operator & Agency Observed Analysis or Refusal Test Rec ~. 1_, :--.. '\ - q .. f :_;_ - i (<;· 2.f,),~..., .... I ,Y /; {_,,, . - ,.._,. (~.h;-:-~- ,,!,/);... /!~~)~. ?-::> ·,>/ I•··"• / .. ·--' \l bt;;;/1G I q h5P q <:.{ ( ~5'4t ::c' Sr l1( ll ((c./l.c?:,:, Cf( ()( s 6 (~ :50 ~ I . I i //Ll/G ~O~'l.i? .JDS1...p • 1cr1 f: {ly._1 r I ( tfc::;-o b)/ / / f-')(,,-i} I L.\ l ). ;(,, L.( '' '-\ 9 C<.v'"'- ,II/ 'b( :f/CC"·,- {_,.SJ_ ' () '""' i1d"-<.-<:_l A"""'''>t. /. ,J' / ___...,-- I -:Lq-,-i \~· l-0 t;.,.A \J~~~~ l {,, ~ .,11 .,S:) ~ ~ f 5~ I ., I ,_, ,.. ·10~;; (- ITJ):3 !/lr-i 05:r;(,,,_/M 'f2-e-\--1,rt,c, r . I I~.12 ---~ ~~ ~ . t,.5-C/ - /' ~, ._ ,Re:f\t~cvl $( .P.P .k._dP-lO::q l-::A-17 I /();()/ Oht lD: $0 O"""- .. ArifAfA 9.J)u bS°! ( ' I :-,/ vL.\. l7 3~1~1- 0'(/0/11 lc_,~5111 ~G~-u~ c(-/{7 (/.)(f:;;3 -cz..~_C2 ~· /?:_3: v '-(; zz.. /(;''-!.. .( J--.52- 4<;; f '3/1z_l,l7 - . - 7: Y71At Page# 13~ Breath Analysis Instrument Log L ocation: Instrument: Serial # 0 \ \ ~ &>L\ Date Name of Subject Time 1 • Time of Operator & Agency Observed Analysis Test Record# foJl/ .. '·· / . :.-' - · . ·-...... ·- ...... -.~ · · · .....,.._....., __ ., - Intox EC/IR-II Subject Test UNION CO Serial Number: 011224 Test Number: 633 Test Date: 06/12/2016 Test Time: 22:26 CDT Operator Name STROEHLEIN,JEFFRE Y Operator ID: 6137 Subject Name TREXLER,PATRICK W Subject D.O.B.: Subject Sex: Mate Dri'lers License Number Drivers License State: IL Arresting Officer REAGAN,JEREM Y Arresting Officer ID: JPlO Arresting Department JONESBORO PD County Name: UNION Citation Number: 5078 System Check: Passed Test g/210L Time BLK .000 22:29 SUBJ .176 22:31 ·' ~ .,...._, ---- .-._. .--... - ~ ...._ ~-...... , ~ .....- ...... __. ...,._. ...,_,, ...... - __. .-.. _. - ...... ~ -- __..... --- ..-.. ..,_. .._ ..._ -- ..._. .___ --._...., ..._.... --- Intox EC/IR-II Scheduled Certification UNION CO Serial Number: 011224 Test Number: 631 Test Date: 06/01/2016 Test Time: 07:00 CDT Dry Gas Target: .079 . Lot Number: 3251408211 Exp Date: 12/05/2016 System Check: Passed Test g/210L Time BLK .000 07:01 CHK .082 07:01 BLK .000 07:02 CHK .082 07:03 Test Status: Success IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT UNION COUNTY, ILLINOIS THE PEOPLE OF THE STATE OF ILLINOIS vs. NO. 2016-DT-33 PATRICK WAYNE TREXLER, Defendant CERTIFICATE OF COMPLIANCE AND PROOF OF SERVICE NOW COME the PEOPLE OF THE STATE OF ILLINOIS by TYLER R. EDMONDS, Union County State’s Attorney, by his Assistant State's Attorney, Daniel Klingemann, and hereby certify that the State has provided the People’s First Supplemental Disclosure to Accused (the “Disclosure”), in the above entitled cause, pursuant to, Sections 114-9 and 114-10 of the Code of Criminal Procedure, and Article VI, Rule 6.1 of the Rules of the Circuit Court, First Judicial Circuit, State of Illinois, and has provided a true and correct copy of the Disclosure to: J. Jeremy Lloyd 102 North 4th Street P.O. Box 455 Vienna, IL 62995 Attorney for Defendant The Disclosure was deposited by ______into the designated box located in the Union County Circuit Clerk's Office, on this ____ day of ______, 2017. Additional discovery will be supplemented as it becomes available. ______Daniel Klingemann Assistant State's Attorney 309 West Market Street, Rm 239 Jonesboro, Illinois 62952 (618) 833-7216 (618) 833-3349 facsimile IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT UNION COUNTY, ILLINOIS THE PEOPLE OF THE STATE OF ILLINOIS vs. NO. 2016-DT-33 2016-TR-1335 PATRICK WAYNE TREXLER, 2016-TR-1336 Defendant CERTIFICATE OF COMPLIANCE AND PROOF OF SERVICE NOW COME the PEOPLE OF THE STATE OF ILLINOIS by TYLER R. EDMONDS, Union County State’s Attorney, by his Assistant State's Attorney, Daniel Klingemann, and hereby certify that the State has provided the People’s Disclosure to Accused (the “Disclosure”), in the above entitled cause, pursuant to, Sections 114-9 and 114-10 of the Code of Criminal Procedure, and Article VI, Rule 6.1 of the Rules of the Circuit Court, First Judicial Circuit, State of Illinois, and has provided a true and correct copy of the Disclosure to: J. Jeremy Lloyd 102 North 4th Street P.O. Box 455 Vienna, IL 62995 Attorney for Defendant The Disclosure was deposited by ______into the designated box located in the Union County Circuit Clerk's Office, on this ____ day of ______, 2016. Additional discovery will be supplemented as it becomes available. ______Daniel Klingemann Assistant State's Attorney 309 West Market Street, Rm 239 Jonesboro, Illinois 62952 (618) 833-7216 (618) 833-3349 facsimile IN THE CIRCUIT COURT OF THE FIRST JIJD /i;;:Cii/::Ulf UNION COUNTY, rLLINOIS~ LI ~ fi:::i THE PEOPLE OF THE STATE OF ) ). u;;; v ILLINOIS, ) . '.4N 0 J Plaintiff, ) &LJ,, . 20/1 ) C(~'Y~ 8i vs. ) Fttrs9F'rHf ~b~ ) 2016-DT-33 Utvio1y~g~c~~gu1r 00 {)"' PATRICK TREXLER ) rvrr, tl~~rvcu1ruRrOts Defendant. ) MOTION IN LIMINE- BREATH ALCOHOL TEST RESULTS NOW COMES J. Jeremy Lloyd, attorney for Patrick Trexler, and hereby moves that this Honorable Court hereby find that the results of the breath alcohol test administered to the Defendant in the instant case be deemed inadmissible at trial and as a basis therefore states the following: 1. That the Defendant is charged with Driving Under the Influence in violation of 625 ILCS 5/11-501 . 2. That the Defendant was arrested for Driving Under the Influence on June 12, 2016 by Jonesboro Police Officer Reagan. 3. TI1at, subsequently, Officer Reagan requested that the Defendant submit to a breath alcohol test. The Defendant agreed to submit to the test. 4. That the breath alcohol test was administered by Deputy Jeff Stroehlein of the Union County Sheriffs Department. 5. That, prior to the administration of the breath alcohol test, Officer Reagan conducted a twenty-minute observation period as required by Illinois State Police Rules. 6. That Officer Reagan failed to properly conduct the twenty minute observation period in that he did not constantly observe the Defendant for the entire twenty minute period. 7. That 625 ILCS 5/11-501.2 addresses the admissibility of Chemical and Other Tests in DUI prosecutions and states as follows: "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 perfom1ed according to standards promulgated by the Department of State Police by a licensed physician, registered nurse, trained phlebotomist, licensed paramedic, or other individual possessing a valid permit issued by that Department for this purpose." 625 Ill. Comp. Stat. Ann. 5/ 11-501.2(a)(l ). 8. That in order for the results of breath alcohol testing to be admissible, the "State must establish that the test was performed in accordance with section 11 - 501.2 of the Illinois Vehicle Code (625 ILCS 5/l l-501.2(a) (West 2008)) and according to standards promulgated by the Department of State Police." People v. Clairmont, 2011 IL App (2d) 100924, ~ 12 9. That the Illinois Administrative Code states as follows in regard to obtaining a breath alcohol sample "Prior to obtaining a breath analysis reading from a subject, the BAO or another agency employee shall continuously observe the subject for at least 20 minutes" 20 Ill. Adm. Code 1286.310( emphasis added). 10. That Officer Reagan's period of observation was not continuous and was not conducted in accordance with IAC rules. WHEREFORE, the Defendant moves that this Honorable Court find the breath alcohol test results obtained in the instant case inadmissible at tr' I. PROOF OF SERVICE The undersigned certifies that a copy of the foregoing instrwnent was served upon the attorneys of record of all parties to the above cause by enclosing the same in an envelope addressed to such attorneys at their business address as disclosed by the pleadings of record herein, with postage fully prepaid, and by depositing said envelope in a U.S. Post office in Vienna, Illinois, or by hand delivery of the same on Janual)'. , 2017. IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT UNION COUNTY, ILLINOIS THE PEOPLE OF THE STATE OF ILLINOIS vs. NO. 2016-DT-33 PATRICK WAYNE TREXLER, Defendant SECOND SUPPLEMENTAL DISCLOSURE TO ACCUSED NOW COME the PEOPLE OF THE STATE OF ILLINOIS by TYLER R. EDMONDS, Union County State’s Attorney, by his Assistant State's Attorney, Daniel Klingemann, and pursuant to People v. Schmidt, 56 Ill.2d 572 (1974), Sections 114-9 and 114-10 of the Code of Criminal Procedure and applicable law state as follows: 1. The State provides the following to the accused: Items: 1 page: Intox ECIR-II Scheduled Certification dated 6-1-2016; 1 page: Intox ECIR-II Scheduled Certification dated 7-1-2016; 1 page: BAO Certification for Union County Sgt. Jeffrey Stroehlein; 1 page: Breath Analysis Instrument Log – Redacted; 2. Pursuant to Rules of the First Judicial Court, Article VI, Rule 6.1(A): Disclosures made pursuant to Supreme Court Rules 412 and 413 and Sections 114-9 and 114-10 of the Code of Criminal Procedure, shall not be filed with the clerk of the court except with prior leave of court for good cause shown. Counsel shall file a certificate of compliance with discovery orders. I, the undersigned, do certify compliance with discovery as required by People v. Schmidt, 56 Ill.2d 572 (1974), Rules of the First Judicial Court, Article VI, Rule 6.1(A) and Sections 114-9 and 114- 10 of the Code of Criminal Procedure (725 ILCS 5/114-9, 114-10) and applicable law. Any materials furnished to an attorney pursuant to these rules shall remain in his exclusive custody and be used only for the purposes of conducting his side of the case and shall be subject to such other terms and conditions as the court may provide. DATED this ___ day of ______, 2017. ______Daniel Klingemann Assistant State's Attorney 309 West Market Street, Rm 239 Jonesboro, Illinois 62952 (618) 833-7216 (618) 833-3349 facsimile IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT UNION COUNTY, ILLINOIS THE PEOPLE OF THE STATE OF ILLINOIS vs. NO. 2016-DT-33 2016-TR-1335 PATRICK WAYNE TREXLER, 2016-TR-1336 Defendant DISCLOSURE TO ACCUSED NOW COME the PEOPLE OF THE STATE OF ILLINOIS by TYLER R. EDMONDS, Union County State’s Attorney, by his Assistant State's Attorney, Daniel Klingemann, and pursuant to People v. Schmidt, 56 Ill.2d 572 (1974), Sections 114-9 and 114-10 of the Code of Criminal Procedure and applicable law state as follows: 1. The State provides the following to the accused: • Deputy Tim Goodman - 309 West Market Street, Rm 4, Jonesboro, IL 62952 • Officer Jeremy Reagan - 1101 Public Square, Po Box 330, Jonesboro, IL 62952 • Sergeant Jeffrey Stroehlein - 309 West Market Street, Rm 4, Jonesboro, IL 62952 Items: One (1) CD-R labeled Patrick W. Trexler 2016-DT-35, 2016-TR-1335, 1336; 4 pages: Uniform Traffic Citations issued to Patrick W. Trexler; 1 page: Breathalyzer Receipt conducted by Sgt. Jeffrey Stroehlein; 3 pages: Jonesboro Police Officer Jeremy Reagans Incident Report 16-J-22; 3 pages: Driving Abstract for Patrick W. Trexler; 2. Pursuant to Rules of the First Judicial Court, Article VI, Rule 6.1(A): Disclosures made pursuant to Supreme Court Rules 412 and 413 and Sections 114-9 and 114-10 of the Code of Criminal Procedure, shall not be filed with the clerk of the court except with prior leave of court for good cause shown. Counsel shall file a certificate of compliance with discovery orders. I, the undersigned, do certify compliance with discovery as required by People v. Schmidt, 56 Ill.2d 572 (1974), Rules of the First Judicial Court, Article VI, Rule 6.1(A) and Sections 114-9 and 114-10 of the Code of Criminal Procedure (725 ILCS 5/114-9, 114-10) and applicable law. Any materials furnished to an attorney pursuant to these rules shall remain in his exclusive custody and be used only for the purposes of conducting his side of the case and shall be subject to such other terms and conditions as the court may provide. DATED this ___ day of ______, 2016. ______Daniel Klingemann Assistant State's Attorney 309 West Market Street, Rm 239 Jonesboro, Illinois 62952 (618) 833-7216 (618) 833-3349 facsimile COURT PURPOSES T624-6798-5049-0 05500 07 27 16 DDL: Y PURSUANT TO THE PROVISIONS OF THE ILLINOIS VEHICLE CODE THE FOLLOWING INFORMATION rs FURNISHED FROM THE DRIVERS LICENSE FILE OF THE PERSON IDENTIFIED ABOVE PATRICK WAYNE TREXLER I PO BOX 183 CONT LIC DATE ISSUE DATE BIRTH DATE 0 6 I 0 9' 16 0 6' 0 9 I 16 GENDER HEIGHT WEIGHT HAIR EYES D.E. C.DL TL C.LASS ENDO RS Mr. RESTRlr.TION EXPIRATION DATE • I • I 1 M 6: 0 0 200 BRN BRN y N 1 D x B 02'18 21 TYPE STOP IN ACTION EFFECT 17 SUSPENSION EFF-DT 08-09-05 TERM-DT 06-22-06 OFFENSE 1 0501 01 NO TIC-N0=109077 ARR-DT 06-24-05 SUS-LGTH=03MO BAC-LV=21 IL COURT=JACKSON STATUTORY SUMMARY SUSPENSION/FAIL OR REFUSE ALCOHOL/DRUG TEST 79 PERMIT ISS-DT 09-16-05 EXP-DT 11-09-05 JDP-N0=0243944 JUDICIAL DRIVING PERMIT 55 SUPERVISION ARR-DT 06-24-05 SUP-DT 09-09-05 OFFENSE 1 0501 Al TIC-N0=109077 IL COURT=JACKSON CMV=N HZ=N CDL=N DUI/ALCOHOL CONCENTRATION ABOVE LEGAL LIMIT 99 CONVICTION ARR-DT 09-05-07 DISP-DT 10-04-07 OFFENSE 1 0601 05 TIC-N0=4925999 DOC LOC NO= IL-COURT=JACKSON CMV=N HZ=N CDL=N SPEEDING 15-25 MPH ABOVE LIMIT 99 CONVICTION ARR-DT 08-21-13 DISP-DT 10-22-13 OFFENSE 1 1204 00 TIC-N0=4980 DOC LOC NO= IL-COURT=UNION CMV=N HZ=N CDL=N DISREGARDING STOP/YIELD SIGN AT INTERSECTION 65 DL/ID DATA ISS-DT 07-07-11 EXP-DT 02-18-15 CLASS=D* TYPE=ORIGINAL DL DRIVERS LICENSE ISSUED 17 SUSPENSION EFF-DT 07-28-16 PROV-DT 01-28-17 OFFENSE 1 0501 01 PEN TIC-N0=5079 ARR-DT 06-12-16 SUS-LGTH=06MO BAC-LV=17 IL COURT=UNION STATUTORY SUMMARY SUSPENSION/FAIL OR REFUSE ALCOHOL/DRUG TEST VALID LICENSE ON 06-12-2016 * END OF RECORD * • This official record is received directly from the Secretary of State's Office via computer link-up system. This is to certify, to the best of my knowledge and belief, after a careful search of my records, that the information set out ~~ ~ herein is a true and accurate copy of the captioned individual's driving record; identified by driver's license number, and I certify that all statutory notices required as a result of any driver control actions taken have been properly given. SECRETARY OF STATE (Form DSDASC - Rev. 8/24/2011) COURT PURPOSES T624-6798-5049-0 05500 07 27 16 DDL: Y PURSUANT TO THE PROVISIONS OF THE ILLINOIS VEHICLE CODE THE FOLLOWING INFORMATION IS FURNISHED FROM THE DRIVERS LICENSE FILE OF THE PERSON IDENTIFIED ABOVE PATRICK WAYNE TREXLER I PO BOX 183 CONT LIC DATE ISSUE DATE BIRTH DATE 06' 09' 16 0 6' 0 9 I 16 GENDER HEIGHT WEIGHT HAIR EYES D.E. r.oL TL CLA88 ENDOR8 MC RE8TRICTION EXPIRATION DATE . I I I M 6~ 00 200 BRN BRN y N 1 D x B 02'18' 21 TYPE STOP IN ACTION EFFECT VALID LICENSE ON 06-12-2016 * END OF RECORD * *This official record is received directly from the Secretary of State's Office via computer link-up system. This is to certify, to the best of my knowledge and belief, after a careful search of my records, that the information set out ~~ ~ herein is a true and accurate copy of the captioned individual's driving record; identified by driver's license number, and I certify that all statutory notices required as a result of any driver control actions taken have been properly given. SECRETARY OF STATE (Form DSDASC - Rev. 8124/2011) SUPERVISION T624-6798-5049-0 05500 07 27 16 DDL: Y PURSUANT TO THE PROVISIONS OF THE ILLINOIS VEHICLE CODE THE FOLLOWING INFORMATION IS FURNISHED FROM THE DRIVERS LICENSE FILE OF THE PERSON IDENTIFIED ABOVE PATRICK WAYNE TREXLER I PO BOX 183 CONT LIC DATE ISSUE DATE BIRTH DATE 0 6 I 09' 16 0 6' 0 9 I 16 GENDER HEIGHT WEIGHT HAIR EYES D.E . r.oL TL r.LA~~ EN DOR~ Mr. RESTRlr.TION EXPIRATJC'JN DATE • I ' I M 6~ 0 0 200 BRN BRN y N 1 D x B 02'18'21 TYPE STOP IN ACTION EFFECT THIS ADDITIONAL SUPERVISION INFORMATION IS BEING PROVIDED IN ACCORDANCE WITH SECTION 6-204 OF THE ILLINOIS VEHICLE CODE AND IS SUBJECT TO THE LIMITATIONS CONTAINED THEREIN. NO SUPERVISIONS ON RECORD * END OF RECORD * *This official record is received directly from the Secretary of State's Office via computer link-up system. This is to certify, to the best of my knowledge and belief, after a careful search of my records, that the information set out ~~ ~ herein is a true and accurate copy of the captioned individual's driving record; identified by driver's license number, and I certify that all statutory notices required as a result of any driver control actions taken have been properly given. SECRETARY OF STATE (Form DSDASC - Rev. 8/24/2011) IN THE CIRCUIT COURT OF THE FIRST JUDIC UNION COUNTY, ILLINOIS THE PEOPLE OF THE STATE OF ILLINOIS ) Plaintiff, ) ) Vs. ) 16-DT-33 PATRICK W. TREXLER, ) Defendant ) ENTRY OF APPEARANCE Now comes J. Jeremy Lloyd, Attorney at Law, and hereby enters s appearance as the attorney for the above-captioned Defendant . emyLloyd orney at Law Atty. Reg# 6275379 P.O. Box455 Vienna, IL 62995 (618)-658-2889 PROOF OF SERVICE J The undersigned certifies that a copy of the of the foregoing instrument w served upon the attorneys of record of all parties to the above cause by mailing the same to such attorners at their bu~iness address by depositing a copy of said instrument with the United States Postal Service ~ the City Vienna, Johnson County, Illinois, or by hand delivery of the same on August 4, 2016. Office of the State's Attorney Union County, Illinois Union County Courthouse Telephone: (618) 833-7216 TYLER R. EDMONDS 309 West Market Street, Room 239 Facsimile: (618) 833-3349 STATE'S ATTORNEY Jonesboro, Illinois 62952 EVIDENCE REQUEST FORM April 24, 2017 TO: Sheriff Scott Harvel - Union County Sheriffs Office ·-?" FROM: Daniel Klingemann, Assistant State's Attorney; 1 RE: Foundational Requirements for the ECIR-11 I am requesting production to my office of copies of the ECIR-11 instrument log book showing the test of Patrick Trexler on June 12, 2016 as well as copies of the page of the logbook or instrument FS printouts showing calibration within 62 days prior to the subject test and within 62 days after the subject test. I am also requesting the BAO certification for Sgt. Jeffrey Stroehlein showing that he was certified as a breath analysis operator June 12, 2016. Please provide the requested documents as soon as practicable, but no later than May 8, 2017. ·' S(A vs. . 2016-DT-33 PATRICK WAYNE TREXLER, .0~ 81JCJor .!'. d ~~~ - ~~E , CIRCUIT C URT D eien ant FIRST JUDICIAL CIHCU T UNION COU NTY, ILLIN IS CERTIFICATE OF COMPLIANCE AND PROOF OF SERVICE NOW COME the PEOPLE OF THE STATE OF ILLINOIS by TYLER R. EDMONDS, Union County State's Attorney, by his Assistant State's Attorney, Daniel Klingemann, and hereby certify that the State has provided the People's Second Supplemental Disclosure to Accused (the "Disclosure"), in the above entitled cause, pursuant to, Sections 114-9 and 114-10 of the Code of Criminal Procedure, and Article VI, Rule 6.1 of the Rules of the Circuit Court, First Judicial Circuit, State of Illinois, and has provided a true and correct copy of the Disclosure to: I . Jeremy Lloyd 102 North 4th Street P.O. Box 455 Vienna, IL 62995 Attorney for Defendanh The Disclosure was deposited by \_)Jl@~ into the designated box located in the Union County Circuit Clerk's Office, on thiW'1 day of l~ , 2017. Additional discovery will be supplemented as it becomes available. · Klin emann Ass· tant Sta e's Attorney 3 09 ark et Street, Rm 23 9 Jonesboro, Illinois 62952 (618) 833-7216 (618) 833-3349 facsimile IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT UNION COUNTY, ILLINOIS THE PEOPLE OF THE STATE OF ILLINOIS vs. NO. 2016-DT-33 PATRICK WAYNE TREXLER, Defendant SECOND SUPPLEMENTAL DISCLOSURE TO ACCUSED NOW COME the PEOPLE OF THE STATE OF ILLINOIS by TYLER R. EDMONDS, Union County State's Attorney, by his Assistant State's Attorney, Daniel Klingemann, and pursuant to People v. Schmidt, 56 Ill.2d 572 (1974), Sections 114-9 and 114-10 of the Code of Criminal Procedure and applicable law state as follows: 1. The State provides the following to the accused: Items: 1 page: Intox ECIR-II Scheduled Certification dated 6-1-2016; 1 page: Intox ECIR-II Scheduled Certification dated 7-1-2016; 1 page: BAO Certification for Union County Sgt. Jeffrey Stroehlein; 1 page: Breath Analysis Instrument Log - Redacted; 2. Pursuant to Rules of the First Judicial Court, Article VI, Rule 6.1 (A): Disclosures made pursuant to Supreme Court Rules 412 and 413 and Sections 114-9 and 114-10 of the Code of Criminal Procedure, shall not be filed with the clerk of the court except with prior leave of court for good cause shown. Counsel shall file a certificate of compliance with discovery orders. I, the undersigned, do certify compliance with discovery as required by People v. Schmidt, 56 Ill.2d 572 (1974), Rules of the First Judicial Court, Article VI, Rule 6.l(A) and Sections 114-9 and 114- 10 of the Code of Criminal Procedure (725 ILCS 51114-9, 114-10) and applicable law. Any materials furnished to an attorney pursuant to these rules shall remain in his exclusive custody and be used only for the purposes of conducting his side of the case and shall be subject to such other terms and conditions as the court may provide. DATEDthis ~ dayof ~ ' 2017. \ Da emann te's Attorney arket Street, Rm 239 Jonesboro, Illinois 62952 (618) 833-7216 (618) 833-3349 facsimile fl ;o. IN THE CIRCUIT COURT OF THE FIRST JUDICIAL reC T L.!:::::i UNION COUNTY, ILLINOIS AUG 3 1 2 THE PEOPLE OF THE STATE OF ILLINOIS .~ ..... ~.... 0 vs. NO. 2016-D~~'.i:LJ.fcr:~vk~Wiu"'" 2016-TR-1335 NlY. ILUw PATRICK WAYNE TREXLER, 2016-TR-1336 Defendant CERTIFICATE OF COMPLIANCE AND PROOF OF SERVICE NOW COME the PEOPLE OF THE STATE OF ILLINOIS by TYLER R. EDMONDS, Union County State's Attorney, by his Assistant State's Attorney, Daniel Klingemann, and hereby certify that the State has provided the People's Disclosure to Accused (the "Disclosure"), in the above entitled cause, pursuant to, Sections 114-9 and 114-10 of the Code of Criminal Procedure, and Article VI, Rule 6.1 of the Rules of the Circuit Court, First Judicial Circuit, State of Illinois, and has provided a true and correct copy of the Disclosure to : J. Jeremy Lloyd 102 N01ih 4th Street P.O. Box 455 Vienna, IL 62995 Attorney for Defendant r, ~ The Disclosure was deposited by Ltnl~ U()4y\(1JV\ into the designated box located in the Union County Circuit Clerk's Office, on thiQl'5i day of ~.:sl- , 2016. Additional discovery will be supplemented as it becomes available. Daniel K nger~ann Assistant State' At rney 309 West Mar et . reet, Rm 239 Jonesboro, Illin01s 62952 (618) 833 -7216 (618) 833 -3349 facsimile IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT UNION COUNTY, ILLINOIS THE PEOPLE OF THE STATE OF ILLINOIS vs. NO. 2016-DT-33 2016-TR-1335 PATRICK WAYNE TREXLER, 2016-TR-1336 Defendant DISCLOSURE TO ACCUSED NOW COME the PEOPLE OF THE STATE OF ILLINOIS by TYLER R. EDMONDS, Union County State's Attorney, by his Assistant State's Attorney, Daniel Klingemann, and pursuant to People v. Schmidt, 56 Ill.2d 572 (1974), Sections 114-9 and 114-10 of the Code of Criminal Procedure and applicable law state as follows: 1. The State provides the following to the accused: • Deputy Tim Goodman - 309 West Market Street, Rm 4, Jonesboro, IL 62952 • Officer Jeremy Reagan - 1101 Public Square, Po Box 330, Jonesboro, IL 62952 • Sergeant Jeffrey Stroehlein - 309 West Market Street, Rm 4, Jonesboro, IL 62952 Items: One (1) CD-R labeled Patrick W. Trexler 2016-DT-35, 2016-TR-1335, 1336; 4 pages: Uniform Traffic Citations issued to Patrick W. Trexler; 1 page: Breathalyzer Receipt conducted by Sgt. Jeffrey Stroehlein; 3 pages: Jonesboro Police Officer Jeremy Reagans Incident Report 16-J-22; 3 pages: Driving Abstract for Patrick W. Trexler; 2. Pursuant to Rules of the First Judicial Court, Article VI, Rule 6. l(A): Disclosures made pursuant to Supreme Court Rules 412 and 413 and Sections 114-9 and 114-10 of the Code of Criminal Procedure, shall not be filed with the clerk of the court except with prior leave of court for good cause shown. Counsel shall file a certificate of compliance with discovery orders. I, the undersigned, do certify compliance with discovery as required by People v. Schmidt, 56 Ill.2d 572 (1974), Rules of the First Judicial Court, Article VI, Rule 6.l(A) and Sections 114-9 and 114-10 of the Code of Criminal Procedure (725 ILCS 5/114-9, 114-10) and applicable law. Any materials furnished to an attorney pursuant to these rules shall remain in his exclusive custody and be used only for the purposes of conducting his side of the case and shall be subject to such other terms and conditions as the court may provide. DATED this31:3\tay of ~;j: , 2016. gema Assistant S te's orney 309 West Market Street, Rm 239 Jonesboro, Illinois 62952 (618) 833-7216 (618) 833-3349 facsimile sf A IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT UNION COUNTY, ILLINOIS THEPEOPLliOFTHESTAT~LLiOll ~ r/'~ vs. u- l . NO. 2016-DT-33 FEB 16 2017 L PATRICK WAYNE TREXLER, _fJ;aA ,.,, ~oii3uobr Defend~bK OF THE CIRCUIT COL;f, FIRST JUDICIAL CIRCU IT UNION COUNTY, ILUNOI '. CERTIFICATE OF COMPLIANCE AND PROOF OF SERVICE NOW COME the PEOPLE OF THE STATE OF ILLINOIS by TYLER R. EDMONDS, Union County State's Attorney, by his Assistant State's Attorney, Daniel Klingemann, and hereby certify that the State has provided the People's First Supplemental Disclosure to Accused (the "Disclosure"), in the above entitled cause, pursuant to, Sections 114-9 and 114-10 of the Code of Criminal Procedure, and Article VI, Rule 6.1 of the Rules of the Circuit Court, First Judicial Circuit, State of Illinois, and has provided a true and correct copy of the Disclosure to: J. Jeremy Lloyd 102 North 4th Street P.O. Box 455 Vienna, IL 62995 Attorney for Defendant The Disclosure was deposited by c·~ ~\ V\l)~~YY\.Clf\S\ into the designated box located in the Union County Circuit Clerk's Office, on this ~1day of/ RtrUDM~t( , 2017. Additional discovery will be supplemented as it becomes available. D m mann Assist t St e's Attorney est arket Street, Rm 23 9 JonesBoro, Illinois 62952 (618) 833-7216 (618) 833-3349 facsimile IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT UNION COUNTY, ILLINOIS THE PEOPLE OF THE STATE OF ILLINOIS vs. NO. 2016-DT-33 PATRICK WAYNE TREXLER, Defendant FIRST SUPPLEMENTAL DISCLOSURE TO ACCUSED NOW COME the PEOPLE OF THE ST ATE OF ILLINOIS by TYLER R. EDMONDS, Union County State's Attorney, by his Assistant State's Attorney, Daniel Klingemann, and pursuant to People v. Schmidt, 56 Ill.2d 572 (1974), Sections 114-9 and 114-10 of the Code of Criminal Procedure and applicable law state as follows: 1. The State provides the following to the accused: Items: One (1) DVD-R labeled 16-J-22, P. Trexler, DUI Room; 2. Pursuant to Rules of the First Judicial Court, Article VI, Rule 6.1 (A): Disclosures made pursuant to Supreme Court Rules 412 and 413 and Sections 114-9 and 114-10 of the Code of Criminal Procedure, shall not be filed with the clerk of the court except with prior leave of court for good cause shown. Counsel shall file a certificate of compliance with discovery orders. I, the undersigned, do certify compliance with discovery as required by People v. Schmidt, 56 Ill.2d 572 (1974), Rules of the First Judicial Court, Article VI, Rule 6.l(A) and Sections 114-9 and 114- 10 of the Code of Criminal Procedure (725 ILCS 5/114-9, 114-10) and applicable law. Any materials furnished to an attorney pursuant to these rules shall remain in his exclusive custody and , . be used only for the purposes of conducting his side of the case and shall be subject to such other terms and conditions as the court may provide. / DA TED this \Gtctay of Jei2d \Cli\,U6 , 2017. lin emann t S te's Attorney es arket Street, Rm 239 Jonesboro, Illinois 62952 (618) 833-7216 (618) 833-3349 facsimile IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT UNION COUNTY, ILLINOIS THE PEOPLE OF THE STATE OF ILLINOIS vs. NO. 2016-DT-33 PATRJCKWAYNE1REXL~1a [L ~[ill INF.bRM f.i'o O'{~u CU\ ~IM~ - (Up To 364 Days Couu . · 1 Up To 24 Months)) (Mandatory Minimum of 100 hours community service and a $500 fine) In the name and by the authority of the PEOPLE OF THE STATE OF ILLINOIS, TYLER R. EDMONDS, Union County State's Attorney, by his Assistant State's Attorney, Daniel Klingemann, hereinafter called the complainant, on oath charges that on or about the 12th day of June, 2016 and in said Union County, Illinois, PATRICK WAYNE TREXLER, hereinafter called the defendant, committed the offense of: DRIVING WHILE UNDER THE INFLUENCE In that the defendant, knowingly drove a 2000 Jeep Wrangler, bearing Illinois registration PWT l DV, on Illinois Route 146 in Union County, Illinois, at a time when said defendant's blood alcohol content was 0.08 or above, in violation of Illinois Compiled Statutes, Chapter 625, Sec.5/ l 1-50l(a)(l). COUNT II CLASS A MISDEMEANOR (Up To 364 Days County Jail, (Probation Up To 24 Months)) In the name and by the authority of the PEOPLE OF THE STATE OF ILLINOIS, TYLER R. EDMONDS, Union County State's Attorney, by his Assistant State's Attorney, Daniel K.lingemann, hereinafter called the complainant, on oath charges that on or about the 12th day of June, 2016 and in said Union County, Illinois, PATRICK WAYNE TREXLER, hereinafter called the defendant, committed the offense of: DRIVING WHILE UNDER THE INFLUENCE In that the defendant, knowingly drove a 2000 Jeep Wrangler, bearing Illinois registration PWTl DV, on Illinois Route 146, in Union County, Illinois, at a time when said defendant was under the influence of alcohol, in violation of Illinois Compiled Statutes, Chapter 625, Sec.5/11- 501(a)(2). STA TE OF ILLINOIS ) ) SS COUNTY OF UNION ) The above signed swears that based on information and belief, the facts set fo1ih in the foregoing instrument are true and conect to the best of his/her knowledge. SUBSCRJBED and SWORN to before me this \'fl" day of ~ , 2016. ~~ OFFICIAL SEAL Notary Public ANNE K BECKMANN Notary Public-State of Illinois My Commission Expires 02-17-2020 · 5/A IN THE CffiCUIT COURT OF THE FIRST JUDICIAL CffiCUIT UNION COUNTY, ILLINOIS THEPEOPLEOFTHESTA~L~ol ~ f[)l vs. Li l_Wo. 2016-DT-33 FEB 2 1 2017 PATRICK WAYNE TREXLER, fJ:a1i .. ,, ~1r6~b DefendantRKOF THE CIRCUIT COURT FIRST JUDICIAL CIRCUIT UNION COUNTY, ILLINOIS MOTION TO CONTINUE NOW COME, the PEOPLE OF THE STATE OF ILLINOIS by TYLER R. EDMONDS, Union County State's Attorney, by his Assistant State's Attorney, Daniel Klingemann, and respectfully move for a continuance in the above-entitled cause, and as grounds therefore respectfully state as follows: 1. That a Motion Hearing is set for February 21, 2017 at 9:00 AM 2. That the State needs more time to prepare. 3. That the State has spoken to the defense attorney and there are no objections to a continuance. 4. Such continuance is not being sought to unduly delay and the defendant will not be prejudiced if the matter is continued. WHEREFORE, the People of the State of Illinois respectfully request a continuance herein and the case be set for a Motion Hearing on a date later than 3/712017. Kling ann Assist t S e's Attorney 3 09 West Market Street, Rm 23 9 Jonesboro, Illinois 62952 (618) 833-7216 (618) 833-3349 facsimile PROOF OF SERVICE The undersigned certifies that a true and correct copy of the State's Motion to Continue was ~ served upon the defendant's attorney of record by handing a copy in open court, on this _2l__ day of ~l , 2017. J. Jeremy Lloyd 102 North 4th Street P.O. Box455 Vienna, IL 62995 Attorney for Defendant • 5/A IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT UNION COUNTY, ILLINOIS THE PEOPLE OF THE ) STATE OF ILLINOIS ) ) vs. ) ) PATRICK W. TREXLER, ) ) ) Defendant ) PEOPLE'S RESPONSE TO DEFENDANT'S MOTION IN LIMINE - BREATH ALCOHOL TEST RESULTS NOW COME the People of the State of Illinois, by and through Union County State's Attorney Tyler R. Edmonds, by his Assistant State's Attorney, Daniel Klingemann, and move this Court to deny Defendant's Motion in Limine -Breath Alcohol Test Results, filed on January 3, 2017 ("Defendant's Motion"), and in support of said motion state as follows: 1. The Defendant moves to have this honorable court find the results of the breath alcohol test administered, in the above captioned case, be deemed inadmissible, as evidenced by the Defendant's Motion in Limine - Breath Alcohol Test Result (the "Defendant's Motion"), filed on January 3, 2017. 2. At approximately 9: 19 p.m. on June 12, 2016, Officer Jeremy Reagan, of the Jonesboro Police Department, was assisting Deputy Tim Goodman, of the Union County Sheriffs Department, at 395 Berryville Road in Jonesboro, Illinois. 3. At that time Officer Reagan and Deputy Goodman witnessed a dark in color Jeep slow down and then "spin" it's tires before driving away towards Illinois Highway 146. 4. Officer Reagan initiated a traffic stop on the Jeep, bearing Illinois registration PWTl DN, in the vicinity of Illinois Highway 146 and Berryville Road. Officer Reagan made contact with the driver of the vehicle and identified him as Patrick W. Trexler, d.o.b. 2/18/1985. 5. Officer Reagan smelled an odor of alcoholic beverage emitting from the Defendant. Officer Reagan noticed that the Defendant had a disheveled appearance and was barefoot. 6. In response to being asked ifhe had been drinking the Defendant stated that he had drank three (3) beers. 7. When asked to perform standardized field sobriety testing the Defendant stated that he was not steady on his feet and repeatedly stated that he would submit to a breath test "in an hour at the courthouse." 8. Officer Reagan and the Defendant entered the booking room, located at the Union County Sheriffs Department, at 10:06 p.m., as evidenced in the booking room video. 9. At that time Officer Reagan can be seen looking at his watch to start the twenty (20) minute observation period. During the next twenty-five (25) minutes Officer Reagan filled out the traffic citations, read the warning to motorists, and spoke with Sergeant Jeffrey Stroehlein, of the Union County Sheriffs Department, who was assisting Officer Reagan with the administration of the breath test. 10. The Defendant submitted to the alcohol breath test at 10:31 p.m., which was administered by Sergeant Stroehlein, a full twenty-five (25) minutes after Officer Reagan started the observation period. 11. 625 ILCS 5/1 l-501.2(a)(l) states: 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, licensed paramedic, or other individual possessing a valid permit issued by that Department for this purpose. [ ...] 625 ILCS 5/1 l-501.2(a)(l) 12. Illinois Administrative Code, Section 1286.310(a)(l) states, "Prior to obtaining a breath analysis reading from a subject, the BAO or another agency employee shall continuously observe the subject for at least 20 minutes. During the 20 minute observation period the subject shall be deprived of alcohol and foreign substances and shall not have vomited. [ . . .]"Ill. Adm. Code §1286.3 lO(a)(l). 13. "The purpose of the 20-minute observation period is to ensure that the defendant does not regurgitate, vomit, smoke, or ingest anything which will render the breathalyzer test results umeliable." People v. Bergman, 253 Ill. App. 3d 369, 623 N.E. 2d 1052 (5th Dist. 1993). 14. In People v. Ne/ville, 151 Ill. App. 3d 679, 503 N.E. 2d 387, (3rd Dist. 1987), the defendant, after being placed under arrest for driving while under the influence, was observed by an Officer Doug Hayse during the twenty minute observation period while the alcohol breath test was administered by Chief Alan Love. The defendant appealed on the grounds that the twenty minute observation period was not conducted by Chief Love, therefore invalidating the defendant's results from the alcohol breath test. 15. The Third Circuit Appellate Court upheld the trial court's ruling that the twenty (20 minute observation period had been satisfied as Officer Doug Hayse testified to having observed the defendant for the required twenty minute time period before the defendant submitted to the alcohol breath test. 16. In the above captioned matter, at no time did Officer Reagan leave the booking room and break the continuity of the twenty (20) minute observation period. 17. During the entire twenty-five (25) minutes that Officer Reagan observed the Defendant, · he was sitting directly in front of Officer Reagan. 18. Officer Reagan, Sergeant Stroehlein, and the Defendant left the booking room and walked to the breath alcohol machine where the Defendant submitted to the alcohol breath test revealing a blood alcohol content of .176, more than twice the legal limit in the State of Illinois. 19. The requirements of the twenty (20) minute observation period were complied with at all times by Officer Reagan. WHEREFORE, the People pray that the Court deny defendant's Motion in Limine - Breath Alcohol Test Results, filed on January 3, 2017, and for such other relief as the Court deems just. Re~N.tl Kh emann Unio Co Assistant State's Attorney 3 09 W. Market Street, Room 23 9 Jonesboro, Illinois 62952 Telephone: (618) 833-7216 Facsimile: (618) 833-3349 PROOF OF SERVICE The undersigned certifies that a true and correct copy of the People's Response to Defendant's Motion in Limine - Breath Alcohol Test Results was served upon the defendant's attorney of record by personal service in court at the Union County Courthouse, on this 6th day of March, 2017. Jeremy Lloyd 201 N. 4th Street P.O. Box 455 Vienna, IL 62995 IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT UNION COUNTY, ILLINOIS THE PEOPLE OF THE STATE OF ILLINOIS vs. NO. 2016-DT-33 PATRICK WAYNE TREXLER, Defendant FIRST SUPPLEMENTAL DISCLOSURE TO ACCUSED NOW COME the PEOPLE OF THE STATE OF ILLINOIS by TYLER R. EDMONDS, Union County State’s Attorney, by his Assistant State's Attorney, Daniel Klingemann, and pursuant to People v. Schmidt, 56 Ill.2d 572 (1974), Sections 114-9 and 114-10 of the Code of Criminal Procedure and applicable law state as follows: 1. The State provides the following to the accused: Items: One (1) DVD-R labeled 16-J-22, P. Trexler, DUI Room; 2. Pursuant to Rules of the First Judicial Court, Article VI, Rule 6.1(A): Disclosures made pursuant to Supreme Court Rules 412 and 413 and Sections 114-9 and 114-10 of the Code of Criminal Procedure, shall not be filed with the clerk of the court except with prior leave of court for good cause shown. Counsel shall file a certificate of compliance with discovery orders. I, the undersigned, do certify compliance with discovery as required by People v. Schmidt, 56 Ill.2d 572 (1974), Rules of the First Judicial Court, Article VI, Rule 6.1(A) and Sections 114-9 and 114- 10 of the Code of Criminal Procedure (725 ILCS 5/114-9, 114-10) and applicable law. Any materials furnished to an attorney pursuant to these rules shall remain in his exclusive custody and be used only for the purposes of conducting his side of the case and shall be subject to such other terms and conditions as the court may provide. DATED this ___ day of ______, 2017. ______Daniel Klingemann Assistant State's Attorney 309 West Market Street, Rm 239 Jonesboro, Illinois 62952 (618) 833-7216 (618) 833-3349 facsimile IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT UNION COUNTY, ILLINOIS THE PEOPLE OF THE STATE OF ILLINOIS vs. NO. 2016-DT-33 PATRICK WAYNE TREXLER, Defendant INFORMATION COUNT I CLASS A MISDEMEANOR (Up To 364 Days County Jail, (Probation Up To 24 Months)) (Mandatory Minimum of 100 hours community service and a $500 fine) In the name and by the authority of the PEOPLE OF THE STATE OF ILLINOIS, TYLER R. EDMONDS, Union County State’s Attorney, by his Assistant State's Attorney, Daniel Klingemann, hereinafter called the complainant, on oath charges that on or about the 12th day of June, 2016 and in said Union County, Illinois, PATRICK WAYNE TREXLER, hereinafter called the defendant, committed the offense of: DRIVING WHILE UNDER THE INFLUENCE In that the defendant, knowingly drove a 2000 Jeep Wrangler , bearing Illinois registration PWT1 DV, on Illinois Route 146 in Union County, Illinois, at a time when said defendant’s blood alcohol content was 0.08 or above, in violation of Illinois Compiled Statutes, Chapter 625, Sec.5/11-501(a)(1). COUNT II CLASS A MISDEMEANOR (Up To 364 Days County Jail, (Probation Up To 24 Months)) In the name and by the authority of the PEOPLE OF THE STATE OF ILLINOIS, TYLER R. EDMONDS, Union County State’s Attorney, by his Assistant State's Attorney, Daniel Klingemann, hereinafter called the complainant, on oath charges that on or about the 12th day of June, 2016 and in said Union County, Illinois, PATRICK WAYNE TREXLER, hereinafter called the defendant, committed the offense of: DRIVING WHILE UNDER THE INFLUENCE In that the defendant, knowingly drove a 2000 Jeep Wrangler, bearing Illinois registration PWT1 DV, on Illinois Route 146, in Union County, Illinois, at a time when said defendant was under the influence of alcohol, in violation of Illinois Compiled Statutes, Chapter 625, Sec.5/11- 501(a)(2). ______Daniel Klingemann Assistant State's Attorney STATE OF ILLINOIS ) ) SS COUNTY OF UNION ) The above signed swears that based on information and belief, the facts set forth in the foregoing instrument are true and correct to the best of his/her knowledge. SUBSCRIBED and SWORN to before me this day of ______, 2016. ______Notary Public lntox EC/IR-11 Scheduled Certification UNION CO Serial Number: 011224 Test Number: 631 Test Date: 06/01/2016 Test Time: 07:00 CDT Dry Gas Target: .079 Lot Number: 3251408211 Exp Date: 12/05/2016 System Check: Passed Test g/210L Time BLK .000 07:01 CHK .082 07:01 BLK .000 07:02 CHK .082 07:03 Test Status: Success lntox EC/IR-11 Scheduled Certification UNION CO Serial Number: 011224 Test Number: 637 Test Date: 07 /01/2016 Test Time: 07:00 CDT Dry Gas Target .079 Lot Number: 0331608212 Exp Date: 03/05/2018 System Check: Passed Test g/210L Time BLK .000 07:01 CHK .080 07:01 BLK .000 07:02 CHK .080 07:03 Test Status: Success IN THE CIRCillT COURT OF THE FIRST JUDICIAL CIRCUIT UNION COUNTY, ILLINOIS THE PEOPLE OF THE STATE OF ILLINOIS vs. NO. 2016-DT-33 PATRICK WAYNE TREXLER, Defendant SUBPOENA Motion Hearing TO: Officer Jeremy Reagan, #JPlO Jonesboro Police Department 1101 Public Square Po Box330 Jonesboro, IL 62952 YOU ARE HEREBY COMMANDED to appear to testify before the presiding judge in the Courtroom at the Union County Courthouse, on MARCH 7, 2017 AT 09:00 AM. In behalf of: The People of the State of Illinois YOUR FAILURE TO APPEAR IN RESPONSE TO THIS SUBPOENA WILL SUBJECT YOU TO PUNISHMENT FOR CONTEMPT OF TIDS COURT. unty State?s Attorney's Office prior to said time to verify your needed presence. Th n.Jr-vrl'o---... ISSUED BY: DATE ISSUED: ______d · ~~ , 2017 ~----r---T-r-----"t------ Name: mann, Assistant State's Attorney Attorney for: People of the State of Illinois Address: 309 W. Market St., Room 239 City: Jonesboro, Illinois 62952 Telephone: (618) 833-7216 Facsimile: (618) 833-3349 I served the subpoena by e-mailing/mailing/faxing a copy to ______on ______, 2017. I paid the witness$____ for witness and mileage fees. Signed and sworn to before me ------' 2017 (Notary Public) Jonesboro Police Department Case#: 16-J-22 Offense: Driving Under the Influence of Alcohol Suspect: Patrick Wayne Trexler I, M/W, DOB: On 06-12-16 at approximately 9:19 pm, I, Officer Reagan at the request of the Union County Sheriff's Office was assisting Deputy Goodman at Deputy Goodman and I were standing in the front yard of the residence at . We observed a Black in color Jeep slow to a stop in front of the residence on Berryville Rd. The driver of the Jeep revved the engine and spun the tires in front of the residence. Deputy Goodman could not leave the scene at this time. I went to my patrol car and drove toward Highway 146 on Berryville Rd. I observed the Black Jeep near the intersection of Highway 146 and Berryville Rd. There were no other vehicles on the road at this time. The Black Jeep turned into the parking lot of the produce stand next to the intersection of Highway 146 and Berryville Rd. I made a traffic stop near the intersection of Highway 146 and Berryville Road on the Black Jeep bearing Illinois registration plate I made contact with the driver of the Jeep identified as Patrick W. Trexler. I told Trexler the reason I stopped him was because he slowed to a stop and spun his tires in front of the residence I was at. Trexler stated he did not spin his tires. I told Trexler that a Deputy and myself observed him spin his tires in front of the residence. Trexler stated he did not spin his tires. I smelled an odor of an alcoholic beverage emitting from Trexler. Trexler had a valid driver's license. Trexler had a disheveled appearance and was barefoot. I asked Trexler if he had been drinking and he said he drank 3 beers at approximately 9pm. The time of the traffic stop was approximately 9:19pm. I asked Trexler if he would perform Field Sobriety Testing and he said no. Trexler said he was not steady on his feet. I asked Trexler if he would submit to a PBT and he said no. Trexler said he would take a breath test at the courthouse in an hour. Trexler repeated multiple times he would perform a breath test at the courthouse in an hour. Trexler stumbled when he exited his vehicle. At this time I placed Trexler under arrest for driving under the influence of alcohol. Trexler was placed in handcuffs. The handcuffs were checked for a proper fit and double locked. Trexler asked if I was sure that he spun his tires because his 2nd gear doesn't work, then he stated there are a lot of 4 wheelers that drive on the road. I stayed on scene until Rod's towing arrived to tow Trexler's Jeep, see attached copy of tow report. I transported Trexler to the Union County Sheriff's Office. I began the 20 minute observation period at 10:06 pm. I issued Trexler ticket numbers 005076 for illegal squealing/screeching of tires, 005077 for operating an uninsured motor vehicle, and 005078 for driving under the influence of alcohol. I read Trexler verbatim the warning to motorist and Trexler signed the acknowledgment receipt. Trexler submitted to a chemical breath test at the Sheriff's Office. Sergeant Stroehlein of the Union County Sheriff's Office administered the test via intoxilyzer. Trexler began the test at 10:31pm. The chemical test revealed a breath alcohol concentration of .176. Trexler was then issued citation number 005079 for driving under the influence with an alcohol concentration greater than .08. I served Trexler with the immediate notice of summary of suspension/revocation of his driving privileges and signed Trexler's receipt to drive. Trexler was released into the custody of the Union County Sheriff's Office. . . '),I 1 ..... ; C JONESBORO POLICE ])E:PARTIVIENT TOW-IN REP C1 RT SEIZURE: ARTICLE 36 OR DRUG (Circle One) ,. . i ' .- I ' , i ' I ; 'I. ~--, ,. ) TOW NUMBER: DA1'E: I. i,1~/ /, l , ;LJ> :· -'~ 1'T1'AE: -; 5 ,/-- --_ A-'~ ------r - ... 7 · ·-- -- ·- ____:.__.-:;.,~__.,_ , CASE NUMBER: /(1-J ~- )-}_ (IF APPLIC/\.BI,J:;;) REASON FOR TO\V: ACCIDENT STOLENIRECC)'i/.PI<.Y __(NCIC OR LEADS# ______, -- ,,.,,,, .... • OWNER INFO:------(CHECI<. IF 0\\ll'JER IS ,;~, :~: r\fER) NAME: - ADDRESS: DRIVER INFO: NArvffi: ___J.t_/:f_"'_-e- ______,, .. _ ____...... ______DOB:------ CITY: ______S1"A1'E: __ ZIP: _____ ·' -·~ I ------... i D/L NO. STAl- -'E.· ' _,;- - r. ------· ·-·· ··------··--- -...... _ , __ ....,,_ ------ NOTES: (INVENTORY OF ITEMS, VEIIICLE DAl\.1l\.GE) ______---·------ ___r_.....,]..__:_;~+-A'--1...;..;;.,.__;~.t;~f2 __ C__;_/h..:....:_""-g_L-c._;:__.,;_- ______,, ____ _ ------~~@-· ~~·_u_~_e_z_5.~~--~~~~ ~------· - ----~~~~~~ /~ .\ -·- -. -- . I .,. ,. , ~ ---• 1. ' - - ) 7...., I ~.:_ .·'- -- . , - / . >Jr· {"" I --{;:." ' /<'4&711/' ------···- ·-· .r7 . ~...... ~ <· ·:·.- - -- , 1-· D ·1-·o- /(_ _- c ~ _(\ _c:.7· Tow COMP'ANY. ___....._ ___""'"-"./___ ------·------· . , .· ___, . . ---r-L:.-::n--f/.> __....,....______. , ./ ,,,.. , ,.. '"I 0 ,. ·,..... ,,;-.' rl~O'~ / t'1 r) \.:: '" :-_-rQR. r:.-.c-·2'--..,. y. ._, .. ·- ~ ' ~ -' . "\.. --'------..:l=-- /~-...::::::--=--'------1--· RELEASED: ______.. ______-~. : ~ fZED: ______OTHER: ___~- (IF SEIZED, DAI'E AV/,4.RD l~I ~~ ) : ------ 'RELEASED TO: D1\TE: ------.. ------.. ------Owner Sig11ature D AI'E: AI\11 ouN·1~ PAID: RELEASED BY: ------·------·------ (IF VEHICLE IS 1-\ SEIZURE Pl.. EASE AT l - ~ . c: : t-I 10-28 AND TlTl.E SEARCI-I) ·- IN THE CIRCUIT COURT OF THE FIRST JUDI UNION COUNTY, ILLINOIS THE PEOPLE OF THE STATE OF ILLINOIS ) Plaintiff, ) ) Vs. ) ) PATRICK W. TREXLER, ) 16-DT-33 ) Defendant. ) MOTION FOR MISDEMEANOR DISCO Y NOW COMES the above-named defendant, by and through J. Jeremy I loyd, attorney at law, and moves this Court to order the prosecution to provide the following tot e defense: 1. Pursuant to People v. Schmidt, 56 Ill.2d 572, 309 N.E.2d 55 (1974), the defense is entitled to the following information: A. A list of the State's witnesses and their last known lses. (725 ILCS 5/114-9). B. Any statement(s) made or alleged to be made, whether °fally or in writing, by the defendant or a co-defendant, along with a list ofwitnessrs to the making and/or acknowledgment of such statement(s). (725 ILCS 5/114 10). C. Any evidence which tends to negate the defendant's guil. @radv v. Marvland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 [1963]). D. Copies of any all police reports of statements by the wiisses to the events alleged, for the purpose of impeachment. eo le v. Cau en 51Ill.App.3d516, 366 N.E.2d 1037, 9 Ill.Dec. 526 [1st Dist., 1977]). 2. The defendant demands the production of the names and ad,esses of the persons the prosecution may call as witnesses, including production of any written br recorded statements by these witnesses either in the form of police reports, or in any other fo , for purposes of impeachment. 3. Defendant demands production of any written or recorded s substance of any oral statements made by the accused or any co-defen t together with all police reports relative to the same. 4. Defendant demands production of any documents or tangibll objects which the State intends to use as evidence. 5. The State is further put on notice under the provisions of Pe le v. Newbe 166 Ill.2d 310 (1995), to preserve all evidence which it intends to use in th prosecution of the defendant for any and all alleged offenses which arose out of the serieJ of events surrounding the charge(s) herein. WHEREFORE, the defendant prays this Court enter an order ompelling the State to produce the discovery disclosures set forth here. J. Jeremy loyd Attorney a Law Atty. Reg. 275379 P.O. Box 55 PROOF OF SERVICE The undersigned certifies that a copy of the foregoing instrument was served upon the attorneys of record of all parties to the above cause by enclosing the same in an pe addressed to such attorneys at their business address as disclosed by the pleadings of r d erein, ~th postage fully prepaid, and by depositing said envelope in a U.S. Post o:ffi · nna, II· ois, or by hand delivery of the same on August 4, 2016 IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT UNION COUNTY, ILLINOIS THE PEOPLE OF THE STATE OF ILLINOIS vs. NO. 2016-DT-33 PATRICK WAYNE TREXLER, Defendant MOTION TO CONTINUE NOW COME, the PEOPLE OF THE STATE OF ILLINOIS by TYLER R. EDMONDS, Union County State’s Attorney, by his Assistant State’s Attorney, Daniel Klingemann, and respectfully move for a continuance in the above-entitled cause, and as grounds therefore respectfully state as follows: 1. That a Motion Hearing is set for February 21, 2017 at 9:00 AM 2. That the State needs more time to prepare. 3. That the State has spoken to the defense attorney and there are no objections to a continuance. 4. Such continuance is not being sought to unduly delay and the defendant will not be prejudiced if the matter is continued. WHEREFORE, the People of the State of Illinois respectfully request a continuance herein and the case be set for a Motion Hearing on a date later than 3/7/2017. Respectfully submitted by, ______Daniel Klingemann Assistant State's Attorney 309 West Market Street, Rm 239 Jonesboro, Illinois 62952 (618) 833-7216 (618) 833-3349 facsimile PROOF OF SERVICE The undersigned certifies that a true and correct copy of the State’s Motion to Continue was served upon the defendant's attorney of record by handing a copy in open court, on this ____ day of ______, 2017. J. Jeremy Lloyd 102 North 4th Street P.O. Box 455 Vienna, IL 62995 Attorney for Defendant ______ IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT UNION COUNTY, ILLINOIS THE PEOPLE OF THE STATE OF ILLINOIS vs. NO. 2016-DT-33 PATRICK WAYNE TREXLER, Defendant ORDER This matter having come on the State’s Motion to Continue and the Court being fully advised in the premises, it is hereby ORDERED that the State’s Motion to Continue is GRANTED and this matter is reset for the 7th day of March, 2017, at the hour of 9:00 a.m. ENTERED this 21st day of February, 2017. ______JUDGE PLEA NEGOTIATION OFFER / MEMORANDUM OF NEGOTIATIONS People vs. Patrick Wayne Trexler; 2016-DT-33 Date: August 31, 2016 To: J. Jeremy Lloyd Plead guilty to Count I, Driving While Under The Influence, Class A 18 Months – Probation __2_ day(s) - County Jail – Mandatory 625:5/11-501(c)(5) Fine $_1250.00_ plus Court Costs – Mandatory 625:5/11-501(c)(5) Public Defender Fee $75 VCVA $75 725:240/10 Probation/Sup Fee $25/month 240 hours PSW – Mandatory 625:5/11-501(c)(2) Random Breath / Urine Analysis No Alcohol / No Dram Shop DUI Assessment $1000 Evaluation/Treatment: Substance Abuse – Eval within 60 days Additional Conditions: Can do an additional 5 days in jail (7 total) in place of the 240 hours of PSW pursuant to 625:5/11-501(c)(2). All agreements are conditioned on the following: No prior convictions or none other than those SA has record of for this defendant; Offer expires unless accepted 7 calendar days prior to trial; All counts not specifically mentioned above will be dismissed upon acceptance of plea. State’s Attorney/Assistant IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT UNION COUNTY, ILLINOIS THE PEOPLE OF THE STATE OF ILLINOIS vs. NO. 2016-DT-33 PATRICK WAYNE TREXLER, Defendant SUBPOENA Motion Hearing TO: Sergeant Jeffrey Stroehlein, #6137 Union County Sheriff''s Office 309 West Market Street, Rm 4 Jonesboro, IL 62952 YOU ARE HEREBY COMMANDED to appear to testify before the presiding judge in the Courtroom at the Union County Courthouse, on MARCH 7, 2017 AT 09:00 AM. In behalf of: The People of the State of Illinois YOUR FAILURE TO APPEAR IN RESPONSE TO THIS SUBPOENA WILL SUBJECT YOU TO PUNISHMENT FOR CONTEMPT OF THIS COURT. *Please call the Union County State’s Attorney’s Office prior to said time to verify your needed presence. Thank you. ISSUED BY: ______DATE ISSUED: ______, 2017 Name: Daniel Klingemann, Assistant State's Attorney Attorney for: People of the State of Illinois Address: 309 W. Market St., Room 239 City: Jonesboro, Illinois 62952 Telephone: (618) 833-7216 Facsimile: (618) 833-3349 I served the subpoena by e-mailing/mailing/faxing a copy to ______on ______, 2017. I paid the witness $______for witness and mileage fees. ______Signed and sworn to before me ______, 2017 ______(Notary Public) IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT UNION COUNTY, ILLINOIS THE PEOPLE OF THE STATE OF ILLINOIS vs. NO. 2016-DT-33 PATRICK WAYNE TREXLER, Defendant SUBPOENA Motion Hearing TO: Officer Jeremy Reagan, #JP10 Jonesboro Police Department 1101 Public Square Po Box 330 Jonesboro, IL 62952 YOU ARE HEREBY COMMANDED to appear to testify before the presiding judge in the Courtroom at the Union County Courthouse, on MARCH 7, 2017 AT 09:00 AM. In behalf of: The People of the State of Illinois YOUR FAILURE TO APPEAR IN RESPONSE TO THIS SUBPOENA WILL SUBJECT YOU TO PUNISHMENT FOR CONTEMPT OF THIS COURT. *Please call the Union County State’s Attorney’s Office prior to said time to verify your needed presence. Thank you. ISSUED BY: ______DATE ISSUED: ______, 2017 Name: Daniel Klingemann, Assistant State's Attorney Attorney for: People of the State of Illinois Address: 309 W. Market St., Room 239 City: Jonesboro, Illinois 62952 Telephone: (618) 833-7216 Facsimile: (618) 833-3349 I served the subpoena by e-mailing/mailing/faxing a copy to ______on ______, 2017. I paid the witness $______for witness and mileage fees. ______Signed and sworn to before me ______, 2017 ______(Notary Public) THE PEOPLE OF THE STATE OF ILLINOIS ) Plaintiff ) vs. ) PATRICK TREXLER ) Defendant ) SUPPLEMENTAL MOTION FOR MISDEMEANOR DISCOVERY NOW COMES the above-named defendant, by and through J. Jeremy Lloyd, attorney at law, and moves this Court to order the prosecution to provide the following to the defense: 1. The State intends to introduce evidence that the Defendant submitted to a breath alcohol test and that the results of that test indicated that the Defendant had a breath alcohol level in excess of .08 2. That in order for the State to establish a proper foundation to introduce into evidence the results of a breath alcohol test, the State must establish that the test was administered " .... according to standards promulgated by the Department of State Police ..... ". 625 ILCS 5111- 501.2 3. That the Illinois State Police Rules are as follows regarding the testing and maintenance of certified breath testing equipment: 20 ILLINOIS ADMINISTRATIVE CODE: CHAPTER TI, PART 1286.200 The procedures contained in this Subpart are the only procedures for establishing the accuracy of breath testing instruments. A rebuttable presumption exists that an instrument was accurate at the particular time a subject test was performed when the following four conditions are met. a) The instrument was approved under this Subpart at the time of the subject test. b) The performance of the instrument was within the accuracy tolerance described in this Subpart according to the last accuracy check or verification (whichever is later) prior to the subject test. c) No accuracy check has been performed subsequent to the subject test or the performance of the instrument on the next accuracy check after the subject test was within the accuracy tolerance described in this Subpart. d) Accuracy checks have been done in a timely manner, meaning: 1) Not more than 62 days have passed since the last accuracy check prior to the subject test; or 2) The period of time between the last accuracy check prior to the next subject test, and the accuracy check after the subject test, is not more than 62 days. 4. That in order for the State to properly admit the results of a breath test at trial, the State must show that the testing device was checked for accuracy according to the methods prescribed by the Illinois State Police Rules. WHEREFORE, the defendant prays this Court enter an order compelling the State to produce the following items: copies ofrecords indicating that the device upon which the Defendant's breath was tested had been checked and certified for accuracy in the manner required by Illinois State Police Rules. J. Je loyd Atto ey at Law Atty.Reg.#6275379 P.O. Box 455 Vienna, IL 62995 Tel: (618)-658-2889 PROOF OF SERVICE The undersigned certifies that a copy of the foregoing instrument was served upon the attorneys of record of all parties to the above cause by enclosing the same in an envelope addressed to such attorneys at their business address as disclosed by the pleadings of record herein, with postage fully prepaid, and by depositing said envelope in a U.S. Post office in Vienna, Illinois, or by hand delivery of the same on April 11 , 2017 /)>,/ , .. I • • 0 , - : ~- ..- . . - : . ~·~ - .-:.:.·-- ::: . . - -...... - ..... ··--· -- .. ·-· --- ILLINOIS CITATION AND C01\1PLAINT -- ··- - ···-· - - 1 JONESBORO POLICE DEPT. 005079 DCN ( I CASE . •· '),~-. ~ I ISi' DIST. NO. ( I ~ DCC . COMPLAINT • cou:-;TY TO\\':>;SHIP 0 T\\'P. OF OF RD. ~EOPLE STATE D CITY/\'ILLAGE OF vs. .l::'.::ThF ILL! ;'llOJS vs. .Ill : ADDRESS 0 rcnwlc ;\!ale STATE YE,\R l!S DOT# L I 2.0 .i.O ~.o ~.o c..O 1.0 s.O 9.0 10.0 PEIJE...,..fRIAN p. REC. \'EllCL. Ill'S TRL'CK TRAIL. OR '.llOTORCYCLF. OTHER CO\I. '.llOTOR l'L.\CARDED 160R \IORE OR TRl:C"K 11l-\CTOR SE\ II-TRAIL. OR BICYCLE \ 'EllCL. !IAZ. \L.\.T. PASS. YEHCL. • Upon a Public Highway, or other Location, Specifically Located in the County and State Aforesaid and Did Then and There Commit the Following Offense 0 L'RBAN DISTRICT I. V. C. 625 ILCS 51: 3-707 OPERATl:\G l':\JNSUREU VEHICLE 0 11·302{ l ILLEGAL TR-\:\Sl'ORTATJON ALCOHOL 0 6-101 :\0 VALID DRl\'ER'S LICE:'iSE 0 ll-60Hai FAILl;i{ETO REDt:CESl'EEDIACCIDE1'.T 0 6-303 !_l DR IYING \\'HILE LICENSE SUSPENDED/RE\'OKED 11·60l(b) SPEEDING ~IJ'H IN A 0 -- ~ll'H 7..0NE 0 11-305 DISOllEYl:'>G TRAFFIC CONTROL DEVICE 11·709 ( Jl\IPROPER L\NE l'SAGE • 0 11.;o)(a) IL l DRl\T' ACCllJE\T TYPE 0 IJRl\'ER l:\Jl'RY ()\LY 0 !'ROl'ERT\' ll.-\\1\C;E 0 l'LH ~ O:\AL l\Jl RY D FYI'\!. REP. NO. ROAD CONOITIO'.\S: 0 \\'ET .)e:j)RY 0 S:'iO\\' 0 ICE \'ISllllLin·: ODAY ~GHT D RAL'I D SNO\V 0FOG ~EAR METHOD: O. 0 HJl.RADAR !. D PLAIN CAR 2.Q RADAR 3. 0 A.CRAFT .t.&\L\RKED s. D VA.SCAR 6. DC.SIGNED 7. D ASSIST 8. 0 ACCIDE:"l'T 9. D OTHER NOTATIONS: OND INFORMATION (see middle portion, back side of Gold copy) 0FULLA~IT. I. CASH D Cl'RRE\C\' s----- 0 E·BONDS----- AFfH.#______0 !O<;t 3. IL DRIVER'S LICE!liSE 0 BOND CARD NO. ISSUED RY: ------::_....-:o.----- 0 4. BOND POSTED ON TICKET NO. fl~• ~ ' Q BQ~P co»H~lifl l\i tl :;! ;5f2%. D 6. NOTICE TO APPEAR 0 7. PROl\llSE TO COMPLY 0 8. INDl\'IDUAL llOND (FULL) Al\IOUi\T s ------t WITHOUT ADMITTlNG GUILT, I promise to comply with the terms of this licket and Release. SIGNATUREX CIRCUIT COURT LOCATION AND DATE ADDRESS/ ' COURTHOUSE ' .; - IL CIT\' JONESBORO ZlP 62952 ON AT OURT APPEARANCE REQUIRED 0 NO COURT APPEARANCE REQUIRED - ...... See instructions on top portion, back side of Gold copy ·. :; : ": . '. Under penalties as provided by law for false certification pursuant to Section 1-109 of the Code of Civil Procedure and perjury pursuant to Section 32-2 of the Criminal Code of 1961, the unders· · · ents set th int s instrument are true and correct. (;I lo21I& ;O ~10:-iTH DA\' \'EAR OFl'ICER'S SIG:'>ATl'RE 1.D. :'>O. LAW ENFORCEMENT SYSTEMS, INC. P . BOX 1635 CORSICANA, TEXAS 75151 (800) 527-6447 NOTE: USE SEPARATE CITATION )I 33547 " FOR EACH VIOLATION FORM IL-14 ______, ______..____ ... .. _ ...::... ~ ;_.,_.. -,,...-.;.,:: ·· -·-· --': • ..i:::... . - ..;. .i-__,._ ~--·...... •' - • •. . _ ,. - ..-.._:..: _ .._ _ ...... • :.. ._·_ -- ··-- · --· .. ..: - ~··- ;....;.:,__ .-..:_· -- . _-_,,__ --- ·· •·. . .. -.. . ·~ .·.-- . - ... ILLINOIS CITATION AND COMPLAINT - - - - ·- JONESBORO POLICE DEPT. 005078 ~ ,,,.,,,..) - __:,7 __, CASE ISP DIST. DCN ''------=------'' NO. ..~J\ . :~ occ. COMPLAINT COUNTY TO\\'NSHIP D T\VP. OF OF UNION RD. \'S. JONESBORO ~ . ..L- D r:cnlarc :.ill! STATE YE .- \1~ US l>OT II z_ 0 YEAR COLO Rn p~-,C.. o.O i~ 2.D J.0 ~.o 5.0 6.0 7.0 8.0 9.0 I0.0 l'IJlF.~IRLL'I P~E.'IGER REC. \ 'EllCI.. Bl'S TRl'CK Tll\IL.OR \IOTORC\'CLE Ofl!ER CO\!. \IOTOR PL.\CARDEO 16 OR~ !ORE CAR ORTRl'CK TR\CI'OR SE\II·TR.\IL. OR lllCYCLE YEHCL. llAZ. :'>IAT. PASS.\ 'EHCL. Upon a Public Highway, or other Location, Specifically • Located in the County and State Aforesaid and Did Then and There Commit the Following Offense D URBAN D!STRICI' I. V. C. 625 ILCS 5/: D J-i07 OPERATl\G l':\l:'>Sl'RED VEHICLE D 11.;01, 1!LLEGAL TR·L'>SPORTATIO\ ..\l.COllOL 0 6-JOl '.\O \ '..\LID DRl\'ER'S LICE:'\SE 0 11-bOl (a) FAILl'RETO RED CCESPEEOI ACCIDE\T 6.303 ( _ ) DRl\'J"°G \\'HILE LICE1'SE SUSPE:'>DED/RE\'OKED 0 J 1-60l(li) SPEEDli\G \IPH L'I A ;\ll'll ZO\E .0 ll-305 DISOJ!f\'ING TRAFfIC CONTROL DE\'ICE 0 !1·709 ( ) !~!PROPER LANE llS,\GE ,.._.,.,_ ti-Sill(~)~) DRIVING U;\'DER INFLUENCE Q 12-603.I FAILl'RE TO \VEAR SEAT llELT { J ll ( ) p D ILCS D LOCALORDINA:-ICE CH. ACT /SEC.------ :--;,.\Tl'RE OF(H·TE\SE ACClllE\T TYPE D DRl\TR l\Jl'RYO\L\' D PROPERTY 1i.\ \ [\CE D PER'O.\ .\l. l\Jl I!\' D F.\1 A.1 REP. NO. ROAD CONDITIONS: O\\'ET MRY 0 SNO\V 0 ICE • \'IS!BILITY: ODAY / ~IGHT 0 RAIN 0 SNO\V '0 F?G _;g(cLEAR ~lETHOD: 0. D HR.RADAR I. PLAIN CAR 0 ~ADAR 3. 0 A.CRAFT 4~!ARKED 5. 0 VA.SCAR 6. Oc.srGNED 7• 0 ASSl~T ~0 ACCIDENT 9. 0 OTHER NOTATIO?l:S: OND Il\'F0~1ATION (sec n1iddlc portion, back side of Gold copy) 0FULLAMT. 1.cASH o cuRRE\cv s _____ D E-ll0ND$ _____ AUTH.#______0 10';< 0 2. IL DRI\'ER ·s LICENSE 0 3. llOND CARD NO. ------ISS lJEDllY: ------D 4. llOND POSTED ON TICKET NO. ~.NO BOND-CONFINED AT_,,/t""~-~V'='~~O...::..... _____ D 6. 1'\0TICE TO APPEAR D 7. PR MISE TO COMPLY D 8. l!\Dl\"'AL llOND (Fl'LL) A!>IOUl\T $ ------WITHOUT AD this Ticket and Release. SIGNATUREX ' CIRCUIT CO ADDRESS/ COURTHOUSE UNION CO IL ON • C'ITY JONESBORO ZIP AT 1c0 ~...,OURT APPEARANCE REQUIRED D NO COURT APPEARANCE REQUIRED See instructions on top portion, back side of Gold copy Under penalties as provided by law for false certification pursuant to Section 1-109 of the Code of Civil Procedure and pe rju ry pursuant to Section 32·2 of the Criminal Code of 1961, the undersigned ce · · stat ents set orth in this instrument are true and correct. .. . ,;; . ~ .. & I /J-1 /& /0 . ~~- :~ . ~10~1'1! DAY YF~\R OFFICER'S S!GSATL'RE l.D. SO. LAW ENFORCEMENT SYSTEMS, INC. P.O. BOX 1835 CORSICANA, TEXAS 75151 (800) 527-6447 NOTE: USE SEPARATE CITATION ii 33547 FOR EACH VIOLATION· FORM !L-14 ,, •• • ....--<.=, ... . '------. -.. ~ - --· - • , • • • -·- ·- - - - - c •• ·-· • - ·- - ... - - • - - .... ,._ ------.. ,._, - < . · ------· -· - , - - - -- • . - • • ~ -· -- ~ ~- - - .-:-- -- • . - . - . . .. ~ - • - •.. , , . • ._ . - · • • .. - · ••.•,. • --·: . - •: . . • - - · - · · - · · • · - ..- • -~ , ._...... - - ., , - ...... _ ILLINOIS CITATION AND COMPLAINT - - - . ·- - JONESBORO POLICE DEPT. 005077 DCN I...... ______,~, • CASEI \ ISP DIST. NO. ?JG occ. COMPLAINT cou TO\VNSHIP D T\\'I'. OF OF RD. 'EOPLE STATE D CITYf\'lLLAGE OF "s. ,,C--' OF ILLINOIS VS. ~n;.~1cu·..11.coRPORATIO:-< l'L\lXflFF JONESBORO I i I 0 Female I i .11./ ! I A.M efendant did unlawfully operate: YEAR VS DOT# j? COLOR \ ~L/JZ o.D 1 2.0 J.0 4.0 ;,0 6.0 7.0 80 9.0 10.0 PEDESTRIAJI/ P 'SK'\GER REC. YEl!CL. Bl'S TRL'CK TR .. \IL.OR \IOTORCYCLE OTHER CO\!. \!OTOR PLACARDED 160Rl\IORE CAR OR TRl'CK TR·\CTOR SE.!\ll-TRAIL. OR lllCYCLE \'EHCL. H.AZ. i\IAT. PASS. VEl!CL. Upon a Public Highway, or other Lcx:ation, Specifically • Located in the County and State Aforesaid and Did Then and There Commit the Following Offense 0 URUAN DISTRICT I. V. C. 625 ILCS 5/ : 3·707 OPERATING liNINSl.iRED VEHICLE D 11·502 ( ) ILLEGAL TRA\SPORTATION ALCOHOL D 6-101 NO VALID DRIVER ·s LICENSE 0 JJ-60l(a) F·\ILURE TO REDUCE SPEED/ ACCIDE!l.T D 6-303 (_) DRIVING \\'HILE LICENSE SUSPENDED/RE\'OKED 0 11·601(bJ SPEEDING ~ll'H IN A - - ~IPHZONE 0 11-305 DISODEYING TRAFFIC CONTROL DEVICE 0 11·709 ( J ll\IPROPER LA:\'E USAGE 0 II-501(a) ( ) DRIVING UNDER H'iFLUENCE D 1!·603.1 FAILURE TO \VEAR SEAT IlELT ( ) D l ) P ILCS D LOCALORDL\'k\'CE CH. ---- ACT---- /SEC.------NATl'RE OF ()FFENSE • ACCIDENT lYPE D DR!YER '"Jl'RY O"LY D PROPERTY OA~IACE D PERSO:->AL l\JtRY 0 F.\TIL REP. NO. ROAD CONDITIONS: D \\'ET ~~y D SNO\V D ICE VISIBILITY: ODAY ~IGHT D RAL"I D SNO\V 0 FOG ~LEAR ~IETIIOD: o. D Hll.RADAR J. D PLAIN CAR 2~RADAR 3. D A.CRAFT ~fARKED 5. D \'ASCAR 6. 0 C.SIGNED 7. D ASSIST AD ACCIDENT ~~~HER NOTATIONS: 01\'D INFORMATION (see middle portion, back side of Gold copy) O FULL A~IT. I.CASH D CURRENCY s D E-IlOND$ _____ AUTH.N ______D 10% D 2. IL DRIVER'S LICENSED 3. llOND CARD NO. ·ff' ISSUED BY:------"' 4. BOND POSTED ON TICKET NO. ~ ~ 0 S.NO BOND-CONFINED AT ______ D 6. NOTICE TO APPEAR D 7. PRO~llSE TO CO~lPLY D 8. INDIYIDUAL IlOND (FULL) AMOUNT$ ------ SIGNATURE - • ADDRESS/ COURTHOUSE .L€> - ... CITY JONESBORO ZIP 62952 IL ON AT ' P.M. , ~.yOURT APPEARANCE REQUIRED D NO COURT APPEARANCE REQUIRED See instructions on top portion, back side of Gold copy Under penalties as provided by law for false certification pursuant to Section 1-109 of the Code of Civil Procedure and perjury pursuant to .. Section 32-2 of the Criminal Code ol 1961, the undersigne tat nts set fo in th is instrument are true and correct. or • . .., ...... ~ . . ·~ . . - . 1 1 ~TH /f:: 4.~ OFFICER'SSJG:>;ATl' RE ~O. P.O. BOX 1835 CORSICANA, TEXAS 75151 (800) 527-6447 NOTE: USE SEPARATE CITATION i I. 33547 FOR EACH VIOLATION FORM IL-14 1~1 -~~~-~~~~-~-~~~~-~~-~~~~~~----™~~·~~--~~~~ • .... '. : ~ ... ·· -· ... .. ·--· · • • • . ..J - --- · · ·- ~ · · -- - ·- - ILLINOIS CITATION AND COI\1PLAINT - ~- - · ·-·· ~ JONESBORO POLICE DEPT. N~ 005076 •" • / _, DCNIL... -----=------'] CA ~._.,u I'~ .. ~·. .... ISP DIST . COMPLAINT NO • ..-' occ . co TO\\"SSHIP 0 T\\"P. OF OF RD. i7(1'EOPLE STATE D CITY/YILLAGE OF \'S. p OF ILLINOIS vs. ~lt::\l("ll'ALl'OKP 0-1£ • 0 Female . . ! ~I¥ 1""-U.2 at~ A.M. P.M. Defendant did unlawfully operate: ST.\'fE YE\l,l. l"S OOT :I .:ZL /f.o o.O 2.0 J.0 s.O 6.0 7.0 H.0 9.0 10.0 l'EDESrRL\N I, . "E." "ER R~:C. \'EllCL. Bl'.S TRt:CK TRAIL.OR ~IOTORC\"CLE OTllER CO\!. :\IOTOR PLACARDED 16 OR \JORE C\R OR "ffil"CK TR-\Cl'OR SF~\ IJ. TR-\IL. OR UIC\"CLE \"EHCL. HAZ./\t\T. PASS. YEHCL. U pan a Public Highway, or other L~tion, Specifically I'@ Localed in the County and State Aforesaid and Did Then and There Commit the Following Offense 0 LlIBAN DISTRICf I.\'. C. 625 ILCS 5/ : 3-707 OPERATING UNINSURED VEHICLE 0 11.::02( ) ILLEGAL TRANSl'ORTATIO:" ALCOHOL D 6·101 :\0 \"ALID DRl\"ER'S LICENSE 0 11·6011") FA!Ll'RE TO REDUCE SPEF.01 ACCIDl·~\T 0 6-303 (_ )DRIVING \\'HILE LICE.\SE SlJSl'ENDEDIRE\'OKED D 11·60J(b) SPEEDI1\G \!PH IN A _ _ \!PH ZONE D ll-305 OISOBEY!:'."G TRAFFIC COi\TROL DE\"ICE 0 11-709 ( ) IMPROPER LA .... F. USAGE 1 D ll-50!(a) ( _) ORl\"ING l NOER INFLUENCE D JD ( IP ILCS D LOCALORDINA!''-ICE CH. ~.12, NATl'.RE OF OFFE\SE - .ICCll>E\T lYl'E 0\\:\.ER J\Jl"RY 0\LY -~LJ0~ Dl'R' . RT\" D..\~.!..\GE 0 PERSO\-\L !\.J\'RY 0 F.\Tll. REP.NO. ROADCONDITIO:"S: 0 "'' ....-1SrDR'I'.,- 0 Sl\O\\' 0 ICE \'ISIB!LITY: 0 DAY ~ l\IGHT 0 RAIN D SNO\V D FOG ~.\R METHOD: o. D HR.RADAR J. D PLAL" CAR 2. 0 RADAR 3. 0 A.CRAFT 4~D s. 0 VASCAR 6. D c. SIG!\'ED 7. D ASSIST 8. D ACCIDE:-.T 9. D OTIIER NOTATIONS: OND Th'F0~1ATION (see middle portion, back side of Gold copy) 0FULLAMT. J. CASH 0 CURRENCY S D E·BONn s, _____ AUTH.N. ______o 10% ----- ... 0 2. IL DRIVER ·s LICE:-ISE DJ. BOND CARD 1'0. ------ ISSU£DBY: ------_,.c._J ~ - BOND POSTED ON TICKET No.?t'?.LG? .;-J" 0 5.NO BONO.CO:'l'FINED AT ______ 0 6. NOTICE TO APPEAR 0 7. PRO~llSE TO COMPLY D 8. INDIVIOUAL BOND (FULL) A~IOl.JNT s ------terms of this Ticket and Release. ' CIRCUIT COURT LOCATION ADDRESS/ COURTHOUSE uNI 0 N .. JONESBORO ZIP 62952 IL AT P.:\1. ~ vl.J\.JRT APPEARANCE REQUIRED 0 NO COURT APPEARANCE REQUIRED See instructions on top portion, back side of Gold copy Under penal1ies as provided by !aw for false certification pursuant to Section 1-109 of the ode of Civil Procedure and perjury pursuant to ~ · .. Section 32·2 of the Criminal Code of 1961, the u certifies at th ements t forth in !his instrument are true and correct. r • "> . ..~ : ": . . OFflCEll."S SIG~ATUR l.D. ~o. LAW ENFORCEMENT SYST , INC. P.O. BOX 1835 CORSICANA, TEXAS 75151 (800) 527-6447 NOTE: USE SEPARATE CITATION FOR EACH VIOLATION FORM IL-14 '