Batavia man charged in DUI after hitting oncoming car

BATAVIA TOWNSHIP – A Batavia man, whose blood alcohol was measured at more than 2 1/2 times the legal limit, was charged with drunken driving after he hit another car in oncoming traffic, according to Kane Count Sheriff’s reports.

Ryan R. Conti, 20, of the 600 block of Papermill Hill Drive, Batavia, was also charged Dec. 13 with improper lane use.

According to reports, Conti was driving a 2018 orange Subaru south on River Street near Banbury Road at 3:20 a.m. in Batavia Township when he allegedly crossed into oncoming traffic and struck a 2011 silver Kia that was traveling north.

Both vehicles were stuck on the train tracks. The front bumper of the Subaru was damaged and the front passenger side tire area of the Kia was damaged, the report stated.

The driver of the Kia told deputies that the other car came out of the forest and hit her.

Conti told deputies that the Kia drove into his lane, causing him to swerve and crash into the Kia – then he became unsure of either car’s direction of travel, the report stated.

The deputy noted “the strong odor of an alcoholic beverage emitting from his (Conti’s) breath and his person,” the report stated. “Ryan’s eyes were bloodshot and glassy. Ryan would lose his footing while standing and he would become confused when answering questions. Ryan’s speech also appeared slow and slurred at times.”

During the field sobriety tests, deputies observed that when Conti tried to walk and turn, “Ryan immediately lost his footing and almost fell into the guardrail,” the report stated.

Conti admitted to deputies that he drank one Miller Lite beer at a friend’s house around 6 p.m., though he is 20, underage for drinking in Illinois, the report stated.

Conti’s blood alcohol content was measured at 0.214% on the deputy’s preliminary breath test, according to the report.

But after arriving at the jail, Conti refused to provide a Breathalyzer sample, the report stated.

In an email, Kane County Chief Deputy Sheriff Pat Gengler stated that the PBT, or a preliminary breath test, is used by deputies as part of the probable cause for arrest.

“It is not until a person is in custody that the deputy reads the warning to motorist which contains the warnings for the potential license suspension, and then they either agree or refuse to take the test on the Breathalyzer at the jail,” the email stated.

Because Conti refused the Breathalyzer test at the jail, he was charged with driving under the influence, Gengler wrote, not also with a separate charge of driving with a blood alcohol content over 0.08%.

But Conti will have “to deal with the potential penalties for refusing to take the test,” Gengler wrote.

Because Conti refused the Breathalyzer test at the jail, his license will be summarily suspended for six months. Court records show he filed a petition Dec. 15 to rescind the summary suspension.

Refusal to submit to this testing will result in a 12 or 36-month suspension, according to the Illinois Secretary of State’s website, www.cyberdriveillinois.com.

Driving privileges may be reinstated at the end of the suspension period or unless a court instructs the Secretary of State otherwise, according to the website.

Conti was released on a personal recognizance bond with instructions not to have drugs or alcohol, court records show. Conti is scheduled to appear in court again on Jan. 25 for a status hearing.