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People v. Bishop12/13/2004
UNPUBLISHED
Following a September 2002 bench trial, defendant, Anthony Bishop, was convicted of driving under the influence of drugs (DUI) pursuant to section 11-501(a)(6) of the Illinois Vehicle Code (625 ILCS 5/ 11-501(a)(6) (West 2000)) for a November 2001 automobile accident. Defendant appeals, arguing that (1) the State did not follow regulations when taking a urine sample; (2) the State failed to present evidence that the medication given to defendant in the course of treatment did not affect his urine sample; (3) the State failed to establish a sufficient chain of custody for the urine sample and did not deliver the sample to the police laboratory within an acceptable amount of time; (4) the trial court improperly imposed fees that did not exist at the time of the offense or were a smaller statutory fee at the time of the offense; and (5) the trial court failed to consider defendant's ability to pay in imposing fines on defendant.
The following evidence was presented at defendant's bench trial.
Dr. Jeffrey Silver testified that he is a general surgeon at Loyola University Medical Center. On November 20, 2001, Dr. Silver was on duty at about 11 p.m. Around that time, he went to the emergency room in response to a person brought in after a vehicle collision. Dr. Silver identified that person as defendant. Dr. Silver characterized defendant as combative, in that he was fighting off the efforts of the transport people, the "pre-op" team, and the emergency room staff. Defendant needed to be restrained. Defendant also seemed disoriented.
Dr. Silver stated that defendant was classified as a red trauma, meaning that there was serious potential trauma. All red-level traumas "get" a urine and blood screen as part of the normal course of medical treatment. Defendant's urine screen tested positive for cocaine and PCP.
On cross-examination, Dr. Silver stated that defendant was given medication during treatment. Dr. Silver testified that defendant was given succynil choline for intubation, Versed as a sedative, and Norcuron, a muscle sedative to temporarily paralyze the patient. Dr. Silver also said that the urine sample was taken from defendant's catheter bag as part of the hospital standard, but he did not observe the actual draw of urine.
Frank Parra testified that on November 20, 2001, he was walking to the gas station at Roosevelt Road and Ridgeland Road in Oak Park, Illinois . He heard what he thought was a car crash, but was actually a car jumping off the curb. It jumped the curb on Roosevelt and took out a street sign. He turned to look and saw a car speeding from the front of Pete's Restaurant, which is located at that intersection.
Parra continued to watch the car. He saw that the driver's-side door was open and the driver had his left foot out of the door. Parra saw that the driver's right foot was on the accelerator. He did not see the driver hit the brake at any point. Parra was between 15 and 20 feet away when he first observed the car. Parra watched the car go from Roosevelt to Ridgeland and drive on the opposite side of the street. The car was heading northbound on Ridgeland in the southbound lane. The car kept crossing traffic. Parra saw the car turn toward an alley, but it missed, hit a guard rail and crashed head first into a dumpster in the back of Pete's Restaurant.
Parra went over to the car and saw that the dumpster was on top of the car. Parra saw the driver of the vehicle and identified him as defendant. Parra told defendant to relax and that an ambulance was being called. Defendant said nothing. Parra stated that defendant appeared confused and "out of it."
Officer O'Connor wi
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