presented on august eleventh twenty fifteen at about eleven forty five pm divinity had a single vehicle motorcycle crash on a curve that made him cross the street your methodist hospital in peoria the security guard from methodist with this year accident told the officer eleven desh level one point two c one limits evidence of such refusals to those occurring prior to the defendant's arrest the steps such as states in part quote if a person under arrest refuses to submit chemical te person under the influence of alcohol was driving or an actual physical control of motor vehicle but the motion was pressuring to be shot testify that after you dress the defendant yes can to provide blood in urine samples and it's brush with the prosecutor began happened prior to the defendant being placed under arrest not what happened after that the motion to reconsider during the trial just found the same section is the key to a narrow interpretation in terms of william when you're dealing with a motion to quash and she testimony from the motion to suppress hearing and on or granted the motion itself sixth twenty twelve people filed the time the appeal of the lower holdings on the motion is present in the in the motions to reconsider the grant with three weeks later the trial just heard here has your position to determine the weight and credibility of the witnesses observe the witnesses demeanor and result conflicts and this testimony what you had here was a situation where there's a motorcycle accident  is everything else after that because you've got as a police officer that shows up on the scene actions already taken place and as the trial court indicated multiple times or findings nothing else was asked a few questions of somebody who he believed had seen the accident but he made no inquiries of this of this security officer when he did he actually a couple questions the security officer made a comment that believe the person  three questions it was clearly on video that he was there for a twelvemonth the problem with this is that the credibility of mr bishop the off from this case comes into question because during this time he was asked will questions he was asked from the security guard yes well kelson points out that mr moscow had said he was traveling from downtown and he made a point that he was being a base of somewhat in his answers to offer mi i pressed also bishops on that i said we pressed her and asked my point where he was coming from did he tell you yes he was coming from or which is just across the river this off even testified that that's a normal route somebody would take to get from morton going through downtown peoria and then traveling on his way there's no indication he was traveling or radically there's no indication of anything other than the accident taking place to drink so again the judge is observing this because he's in the best position to see this so what happens at this point yes and three questions places in one place in the hospital at this point he could interview anybody who's there of the arrest that's all that counts for probable cause and it's completely inappropriate to try to bring evidence post arrest into a motion to suppress hearing because all about probable cause what did he know at that moment a civil matter and so it's a completely separate matter the wrist no and they provided absolutely no case law to show how they can extend the time on that statute beyond the thirty days mention that the defendant said it came from morton through downtown fury but defendant only made that statement after the officer hit twice asking where you come from he said downtown peoria then the officer said if you come from morton and you know what he said it of a firm or appeared later was contrary to his own testimony and probable cause does not require an officer to know the defense blood alcohol content just that materials in the road that would have caused the accident the security guards if you've been traveling at a very high rate of speed when he approached curve in that regard also snow the odor of alcohol