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09/29/87 the People of the State of v. Ricky James Perillo

September 29, 1987

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

RICKY JAMES PERILLO, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

514 N.E.2d 549, 161 Ill. App. 3d 314, 112 Ill. Dec. 886

Appeal from the Circuit Court of McLean County; the Hon. William D. DeCardy, Judge, presiding. 1987.IL.1454

APPELLATE Judges:

JUSTICE LUND delivered the opinion of the court. SPITZ, P.J., and McCULLOUGH, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LUND

Defendant Ricky Perillo's driving privileges were suspended pursuant to sections 2-118.1, 6-208.1, and 11-501.1 of the Illinois Vehicle Code (the Code) (Ill. Rev. Stat., 1986 Supp., ch. 95 1/2, pars. 2-118.1, 6-208.1, 11-501.1). Defendant filed a petition to rescind the summary suspension. The circuit court of McLean County denied the petition. Defendant appeals. We affirm.

The facts were submitted to us by stipulation and are substantially as follows.

On February 1, 1987, Normal police officer James Lutes was on routine traffic patrol in Normal, Illinois. At approximately 2:07 a.m., he stopped a motor vehicle driven by defendant and charged him with disobeying a stop sign in violation of section 11-1204(b) of the Code (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 11-1204(b)).

Defendant attempted several field sobriety tests at the request of Officer Lutes. Lutes then informed defendant that he was under arrest for the offense for driving under the influence of alcohol in violation of section 11-501(a)(2) of the Code (Ill. Rev. Stat., 1986 Supp., ch. 95 1/2, par. 11-501(a)(2)). Defendant was transported to the Normal police department.

At the police station, Officer Lutes read verbatim to defendant the "Warning to Motorists" prepared by the office of the Illinois Secretary of State. That warning states, in pertinent part:

"You are hereby warned and notified that:

1. Refusal or failure to complete all chemical tests requested will result in suspension of your driving privileges for a minimum of 6 months.

2. If you submit to the chemical test(s) disclosing an alcohol concentration of 0.10 or more, your driving privileges will be suspended for a minimum of 3 months.

3. If you refuse or fail to complete all chemical tests or if you submit to a test or tests disclosing an alcohol concentration of 0.10 or more, and have had a previous conviction or court assigned supervision for driving while under the influence of alcohol, other drug, or combination thereof within the last 5 years, in this or any other state, or received a driver's license suspension for refusing to submit to chemical testing following an arrest for driving while under the influence of alcohol, other drug or combination thereof in Illinois since January 1, 1982, or a previous statutory summary suspension except in cases where you submitted to chemical ...


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