APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT
518 N.E.2d 708, 165 Ill. App. 3d 10, 116 Ill. Dec. 86 1987.IL.1988
Appeal from the Circuit Court of Sangamon County; the Hon. John B. Crain, Judge, presiding.
JUSTICE KNECHT delivered the opinion of the court. McCULLOUGH and LUND, JJ., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE KNECHT
Defendant Grover Sargeant was charged April 15, 1987, with driving under the influence of alcohol in violation of section 11-501(a)(2) of the Illinois Vehicle Code (Vehicle Code) (Ill. Rev. Stat., 1986 Supp., ch. 95 1/2, par. 11-501(a)(2)). Pursuant to section 11-501.1(f-1) of the Vehicle Code (Ill. Rev. Stat., 1986 Supp., ch. 95 1/2, par. 11-501.1(f-1)), the arresting officer served notice of statutory summary suspension on defendant when defendant refused to submit to chemical testing. On defendant's petition, the trial court rescinded the statutory summary suspension. The State appeals. We reverse.
At 4:56 p.m. on April 15, 1987, defendant was cited for driving under the influence of alcohol (Ill. Rev. Stat., 1986 Supp., ch. 95 1/2, par. 11-501(a)(2)). At 5:21 p.m. the arresting officer issued a "Warning to Motorist" form notifying defendant of the effects of refusal or failure to complete or pass chemical tests. Defendant refused to submit to testing. The officer served immediate notice of statutory summary suspension, issuing a "Law Enforcement Sworn Report" (report) which contained the following paragraph:
"Under penalties as provided by law pursuant to Section 1 -- 109 of the Illinois Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct."
The officer signed the report on the line provided. The form did not contain a space for the officer to swear under oath before an official authorized to administer oaths. The suspension was effective 46 days following issuance.
On April 30, 1987, defendant filed a petition to rescind the statutory summary suspension. A confirmation form filed April 30, 1987, showed the suspension would run from May 31, 1987, to November 30, 1987.
At the rescission hearing June 1, 1987, the Judge found the report, although certified pursuant to section 1-109 of the Code of Civil Procedure (Code) (Ill. Rev. Stat., 1985, ch. 110, par. 1-109), did not constitute a sworn report under section 11-501.1(d) of the Vehicle Code (Ill. Rev. Stat., 1986 Supp., ch. 95 1/2, par. 11-501.1(d)). The trial Judge based his decision on People v. Sullivan (1987), 151 Ill. App. 3d 1164 (unpublished Rule 23 order). As a Rule 23 order, the decision is not precedential. (107 Ill. 2d R. 23.) Therefore, we need not consider it. The court rescinded the statutory summary suspension, and this appeal followed.
The sole issue on appeal is whether certification under section 1 -- 109 of the Code constitutes a sworn report under the requirements of section 11 -- 501.1(d) of the Vehicle Code. We conclude it does.
Section 1 -- 109 of the Code states in pertinent part:
"Unless otherwise expressly provided by rule of the Supreme Court, whenever in this Code any . . . pleading filed in any court of this State is required or permitted to be verified, or made, sworn to or verified under oath, such requirement or permission is hereby defined to include a certification of such pleading, ...