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06/02/87 the People of the State of v. Stanley Nunn

June 2, 1987

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT

v.

STANLEY NUNN, DEFENDANT-APPELLEE



APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

509 N.E.2d 116, 156 Ill. App. 3d 604, 108 Ill. Dec. 690 1987.IL.739

Appeal from the Circuit Court of Vermilion County; the Hon. Matthew A. Jurczak, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE SPITZ delivered the opinion of the court. GREEN and KNECHT, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE SPITZ

On September 29, 1986, defendant was charged by citation and complaint with driving under the influence of alcohol and illegal transportation of alcoholic liquor. (Ill. Rev. Stat. 1985, ch. 95 1/2, pars. 11-501(a), 11-502(a).) On the same date, a sworn report and notice of summary suspension was filed stating that defendant refused to submit or complete chemical tests to determine alcohol or drug content of his blood. (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 11-501.1.) On October 3, 1986, defendant completed and filed with the circuit court a form petition to rescind the statutory summary suspension. At hearing, the trial court denied the State's request to admit the arresting officer's report as an exhibit and allowed the motion to rescind the statutory summary suspension. (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 2-118.1.) We reverse and remand.

The form petition to rescind the statutory summary suspension directed the petitioner to check the appropriate items from among the following:

"I was not properly placed under arrest for an offense as defined in Section 11 -- 501 of The Illinois Vehicle Code (Driving Under the Influence of Alcohol/Drugs) or a similar provision of a local ordinance, as evidenced by the issuance of a Uniform Traffic Ticket to other form of charge;

The arresting officer did not have reasonable grounds to believe that I was driving or in actual physical control of a motor vehicle while under the influence of alcohol and/or other drugs, or a combination thereof;

I was not properly warned by the arresting officer as provided in Section 11 -- 501.1 of The Illinois Vehicle Code;

I did not refuse to submit to and/or complete the required chemical test or tests, pursuant to Section 11 -- 501.1 of The Illinois Vehicle Code, upon the request of the arresting officer;

I submitted to the requested test or tests but the test sample of my blood alcohol concentration did not indicate a blood alcohol concentration of 0.10 or more."

Below the space for the petitioner's signature and date, the form stated:

"NOTE: Any judicial hearing, request or process pursuant to this Petition will not stay or delay the Statutory Summary Suspension. The hearing may be conducted upon a review by the court of the law enforcement officer's own official reports; provided however, that you may subpoena the arresting officer if you so desire. THE HEARING WILL BE LIMITED ONLY TO THE ISSUEYOU HAVE MARKED IN THE BOXES NOTED ABOVE. The hearing will be held within 30 days after receipt of the Petition to Rescind Statutory Summary Suspension but, ...


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