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08/14/89 In Re Summary Suspension of Driver's License of Lester C.

August 14, 1989

IN RE SUMMARY SUSPENSION OF DRIVER'S LICENSE OF LESTER C.


APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT

RAKERS (The People of the State of Illinois,

Petitioner-Appellee, v.

Lester C. Rakers, Respondent-Appellant)

542 N.E.2d 1311, 187 Ill. App. 3d 27, 134 Ill. Dec. 804 1989.IL.1248

Appeal from the Circuit Court of Madison County; the Hon. Jonathan Isbell, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE WELCH delivered the opinion of the court. LEWIS and CHAPMAN, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WELCH

Respondent, Lester C. Rakers, appeals from an order of the circuit court of Madison County, entered December 10, 1987, which sustained the statutory summary suspension of his driving privileges for his refusal to submit to a chemical test of his breath following his arrest for driving under the influence of alcohol. We affirm.

At approximately 2:45 on the morning of November 8, 1987, respondent was arrested by City of Highland police officer, Tom Anglin, for driving under the influence of alcohol. Respondent was transported to the Highland police station, where he was asked by Officer Anglin to submit to a breathalyzer test. Respondent refused and, pursuant to section 11-501.1 of the Illinois Vehicle Code, the Illinois Secretary of State summarily suspended his driving privileges. Ill. Rev. Stat. 1987, ch. 95 1/2, par. 11-501.1.

On November 16, 1987, respondent filed a petition for hearing pursuant to section 2-118.1 of the Illinois Vehicle Code requesting a judicial hearing on the four issues permitted by that section. (Ill. Rev. Stat. 1987, ch. 95 1/2, par. 2-118.1.) Hearing was held on the petition on December 10, 1987. Immediately prior to the hearing, respondent waived hearing on the first two issues raised, leaving for determination only the issues of (1) whether respondent had been advised by the arresting officer that his driving privileges would be suspended if he refused to submit to and complete the test and whether he refused to submit to and complete the test, and (2) whether respondent was advised by the arresting officer that his driving privileges would be suspended if he submitted to a chemical test which showed an alcohol concentration of 0.10 or more and whether the test disclosed an alcohol concentration of 0.10 or more.

Officer Anglin testified that, after transporting respondent to the Highland police station, he asked respondent for his driver's license. Respondent stated that he did not have his driver's license, but produced an Illinois firearm owner's identification card. Respondent was informed that he was being arrested for driving under the influence of alcohol. Officer Anglin read to respondent a form entitled "Warning to Motorist," which informs the motorist that refusal to submit to a chemical test will result in the statutory summary suspension of his driving privileges for a specified period of time, and that if the motorist submits to the test and it shows an alcohol concentration of 0.10 or more, a statutory summary suspension of driving privileges for a specified period of time will be imposed. The warning further informs the motorist that if the arrest is for anything other than a first offense, the period of suspension will be longer. Officer Anglin inquired of respondent whether he understood the warning, and respondent stated that he did. Respondent then produced his driver's license, but refused to submit to a breathalyzer test.

Officer Anglin further testified that since January 1, 1986, he had made approximately 9 or 10 arrests for driving under the influence of alcohol. In each of those arrests, he had given the same warnings he gave to respondent.

Respondent testified that after he was transported to the Highland police station, he was asked to sit in a chair. Officer Anglin sat at a desk and began writing. Shortly thereafter, Anglin asked respondent to "come over and blow in the Breathalyzer." Respondent refused and Anglin said, "You know that's automatic suspension of your license if you don't blow it." Respondent stated that he understood but still refused to submit to the test. Anglin sat down and started ...


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