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12/23/87 In Re Summary Suspension of Driver's License of Taylor

December 23, 1987

IN RE SUMMARY SUSPENSION OF DRIVER'S LICENSE OF TAYLOR VAUGHN (THE PEOPLE OF THE STATE OF ILLINOIS,


APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

Plaintiff-Appellee, v.

Taylor Vaughn, Defendant-Appellant)

517 N.E.2d 699, 164 Ill. App. 3d 49, 115 Ill. Dec. 288 1987.IL.1911

Appeal from the Circuit Court of Logan County; the Hon. David L. Coogan, Judge, presiding.

APPELLATE Judges:

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

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LUND

On June 2, 1987, the circuit court of Logan County entered an order denying the petition of defendant Taylor Vaughn requesting rescission of his statutory summary suspension for refusing to take the chemical tests required by section 11-501.1 of the Illinois Vehicle Code (Code) (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 11-501.1). Defendant appeals alleging the court's decision was against the manifest weight of the evidence, and the officer did not sufficiently request defendant to take the required tests.

On March 22, 1987, defendant was placed under arrest for driving under the influence of intoxicating liquor in violation of section 11-501 of the Code (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 11-501). At the same time, defendant was served notice that he would receive a statutory summary suspension of his driver's license for six months for refusing to take the required tests pursuant to section 11-501.1 of the Code (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 11-501.1). On May 6, 1987, defendant requested a hearing pursuant to section 2-118.1 of the Code (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 2-118.1) for the purpose of asking the court to rescind his statutory summary suspension. On June 2, 1987, the hearing was conducted.

The State proceeded first and introduced into evidence the written report of Trooper J. M. Erickson, the arresting officer. The report states that Erickson observed defendant's vehicle on I-55 swerving in its lane of traffic. Upon stopping the vehicle, she smelled a strong odor of alcohol coming from defendant's breath, and his eyes were bloodshot. At the time, she requested he perform various field sobriety tests, which the report explains in detail and which he failed. She then placed him under arrest for driving under the influence of intoxicating liquor and issued him his tickets. She advised him of the required implied-consent warnings while he read along on his copy. He stated he understood these rights, and defendant refused to take the test.

Defendant testified he was returning from his father's funeral, where he had some drinks several hours earlier. At the time he was stopped, he was not weaving in his lane. His eyes were red because he had been crying at his father's funeral. After placing him under arrest for DUI, the trooper asked, "Do you want to take the test?" He responded, "No, I don't want to take the test."

On cross-examination, defendant admitted that he was warned that if he took the test and his blood-alcohol count was .10 or more, he would have his driver's license suspended for three months, and if he refused to take a requested test, his license would be suspended for six months. He acknowledged he understood this at the time it was given.

Trooper Erickson was called by the defense but did not testify concerning any of the particulars in her report. Both sides rested, and the court denied defendant's request for rescission of the statutory summary suspension. This appeal followed.

Defendant contends the court's decision is erroneous. However, this allegation is based in part on an incorrect interpretation of our recent case In re Summary Suspension of Driver's License of ...


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