Defense want drug tests thrown out for woman accused of DUI in fatal crash near McHenry; Elmhurst woman killed

Defense attorneys for a woman accused of driving under the influence of marijuana when she was involved in a deadly crash in 2021 are seeking to throw out the results of her toxicology tests, arguing laboratories incorrectly measured the drug in her body.

Alyssa M. Popp, 34, of Ingleside, is charged with aggravated DUI resulting in a death and two counts reckless homicide involving a motor vehicle, according to McHenry County court documents.

The charges stem from the a crash that occurred about 10:20 a.m. Aug. 7, 2021, when Popp was driving north on Route 31 between Ringwood and McHenry and her 2021 GMC Acadia crossed the center line and struck a 2015 Acura TLX traveling south, according to a news release from the McHenry County Sheriff’s Office.

The head-on crash killed 56-year-old Christina Smith of Elmhurst, police said.

According to the initial criminal complaint filed November 2021, Popp was accused of driving under the influence of marijuana and prescription medication. An amended indictment filed in February 2022 alleges Popp, previously of Fort Atkinson, Wisconsin, was under the influence of Delta-9 THC, found in marijuana.

The original toxicology report, made by University of Illinois-Chicago Analytical Forensic Testing Laboratory, indicated there was Delta-9 THC in Popp’s blood and urine tests.

Defense attorneys Paul DeLuca and Paul Moreschi filed a motion in December to bar from evidence at Popp’s trial the toxicology report and expert opinion based on the report.

Delta-9 THC is what determines a DUI charge. In the motion, DeLuca claims UIC admitted their lab is “unable to distinguish between the two isomers” of Delta-9 and Delta-8 in their testing, according to a UIC corrective and preventative action form dated March 15, 2024.

DeLuca also argues in the motion that THC can stay in the body for months and lead to a positive urine sample, but does not prove Popp was impaired during the crash.

In DuPage County, State’s Attorney Robert Berlin announced last week he is dismissing charges in 19 marijuana-impaired driving cases because laboratories incorrectly detected or measured THC in defendants’ bodies, the Daily Herald reported.

Popp’s attorneys also filed to have the entire case dismissed, arguing that the drug tests and other evidence presented to the grand jury were “deceptive and/or inaccurate.” Judge Tiffany Davis denied the motion during a hearing this week, saying that the evidence presented to the grand jury is only to indict a person, not prove their guilt beyond a reasonable doubt.

“This appears to be an attack on the weight and sufficiency of the evidence,” Davis said. “This is something that can be argued in trial.”

The motion argued that claims made by a McHenry County Sheriff’s deputy to the grand jury were “misleading and deceptive.” In testimony, the deputy said Popp was sending out text messages “shortly before the crash” and got a blood and urine drug test performed “shortly” after the crash. The defense questioned the definition of “shortly.”

DeLuca said in the defense motion that the last text was sent out half a mile away and one minute and 8 seconds before the crash.

The judge responded: “To travel half a mile in one minute at 55 mph ... that certainly could be ‘shortly.’” Davis also noted the blood and urine tests were conducted less than four hours after the crash, Davis said.