point one talks about the disclosure to the illinois state department of state police if persons receive medical treatment in a hospital but five  point four talks about the test results that are done in emergency room being at miscible as business records but they are ok so why doesn't that statute apply  a determination by the general assembly that the safeguards with respect to police testing police recovery witnessing the drawing of blood and other safeguards that apply to the state do not apply to blood tested in a hospital setting the understand the difference i do but respectfully in all of this gone and one of the problems in all one of the problems and paul was no there was no evidence that anybody witnessed or who witnessed the blood draw which we have most likely satisfied because for example in fact it was a registered nurse who took the preserve evidence not only says file a five one point four of those requirements but all the regulations that need to be done you know that the colors of the stoppers who's got to be there all those regulations and the i gues admissible under well point to correct yes i think that's not a little right and that's not the argument here the argument here is that the blood result was admissible as a hospital business re about any of the other issues in your case before you go that i just ask you a question if you can see that the requirements of five one point four were set aside by watching stuff by one point or yes yes i mean that's one because i treat we've beat this pretty much into the corner there i mean unless you can point to something in paul where paul was considering in this ability into the hospital business records exception i don't know wh going on but isn't that the whole point of the business rights records exception that you do not have to bring in all the various circumstances that led to the creation of the record that estab fact that it's on the face of the record that's the whole point and the general assembly is just purpose pointed out as a side that those test results are reliable you don't have to prove all  utilized you know who ran down how the task of conducting none of that's necessary is done in the regular course of business the doctor's planes to sift the clay that they use urine samples in some of these cases versus b the reason they think we have the urine samples back almost immediately so they've done it out twenty four hundred times a year so it's almost twenty thousand times since he has been the chief  sent out wouldn't of course be malathi and then that would trigger the i guess the requirements they don't do that for the exact reason that they want to administer immediate care and if you  because we didn't just have a single incident where the flak we had ongoing course of conduct where he was chased had the first chance and no evidence in the report he but the other squad cars were also impacted police officers driving out of the way testimony to police officers before they set up the roadblock were moving their cars out of the way because he was you know charging  drove simmer for about five minutes then went to a neighborhood and staff there for thirty minutes and he sack yes sign you did you know catch very sad let's go back to your house then when he saw police waiting there right now i don't know exact time frame there's nothing we can do with that it's not on the record so i don't know the exact time frame from the accident until when he was arrested and put in the ambulance that there was unquestionably period of time because we do know the testimony of the individuals in the adjoining house to the bar that says they heard the noise that there was approximately  from the defendant's behaviors to just have the nine one one dispatcher come in whoever was on call or have somebody sit and listen to the tape covering that period of time show that there was no one one call dispatchers hear me call but the fact that you know this from a different agency means he might not have heard the call to a different agency the defense is never going to every dispatcher ask because perhaps it was only one or two more questions to mcneil is in the record that forty or so minutes there until the dispatch has gone out to look for him assuming that he had made a call why would he leave from where he was at the try to try to flee again if he was calling for help for his own injury or calling to report the injuries well certainly he could have been calling from isaf and putting on other people rancher he could be balancing for himself you  then certainly not i don't think it was i don't think it was i don't i don't think was competent evidence that there wasn't a phone call i certainly it was not he did not testify he certainly is facing more charges he certainly has a lot of yeah yeah allegations of negligence that were separate and apart from the claims of unreasonableness feet so so here you don't have that either basically in paragraph i left it in your will you allege for reasons set forth below police and this is just with regard to one defendant breach this agreement both world ending writing through the charging of clearly excessive feast that's really all that's a love story is that's the gist of the complaint to have a jury decide an issue of legal fees jury given the authority for that i mean is there any authority that you're aware of that that that is a subject matter for jurors determination that there is none that i'm aware of certainly return to discouragement you would not be asking for any other damages so isn't that identity of the causes of action one with respect to the excessiveness of fees that you were talking about earlier if if it that's right that you're about i mean that so i take it taking your your theory to the next level which some what happened in this case i mean i think i could have a client who doesn't want to pay his or her legal fees