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People v. McKenna

March 14, 2002

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
CRAIG M. MCKENNA, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Du Page County. No. 00-DT-5690 Honorable Joseph S. Bongiorno, Judge, Presiding.

The opinion of the court was delivered by: Justice McLAREN

Released for publication March 20, 2002.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
CRAIG M. MCKENNA, DEFENDANT-APPELLANT.

Appeal from the Circuit Court of Du Page County. No. 00-DT-5690 Honorable Joseph S. Bongiorno, Judge, Presiding.

The opinion of the court was delivered by: Justice McLAREN

PUBLISHED

 Defendant, Craig M. McKenna, appeals from an order of the circuit court of Du Page County denying his petition to rescind the statutory summary suspension of his driving privileges under section 11--501.1 of the Illinois Vehicle Code (Code) (625 ILCS 5/11--501.1 (West 2000)). Defendant argues that the trial court erred in sustaining the suspension based on the criteria of section 11--501.8 of the Code (625 ILCS 5/11--501.8 (West 2000)). We reverse and remand.

On December 23, 2000, defendant was arrested for driving under the influence (DUI) (625 ILCS 5/11--501(a)(2) (West 2000)) after he was observed operating a vehicle in an erratic manner at a stop sign. Defendant was 19 years old at the time of his arrest. He was also charged with unlawful possession of fraudulent identification (235 ILCS 5/6--16(a) (West 2000)), unlawful use of license or permit (625 ILCS 5/6--301(a)(3) (West 2000)), unlawful possession of alcohol by a minor (235 ILCS 5/616(a) (West 2000)), having no front registration plate (625 ILCS 5/3--413(a) (West 2000)), and having only one red tail lamp (625 ILCS 5/12--201(b) (West 2000)).

The arresting officer submitted a sworn report to the circuit court and the Secretary of State pursuant to section 11--501.1(d) of the Code (625 ILCS 5/11--501.1(d) (West 2000)) stating that (1) the officer requested that defendant submit to chemical testing to determine the alcohol content of defendant's blood and warned defendant of the applicable consequences under section 11--501.1; and (2) defendant refused or failed to complete the requested chemical testing. Defendant was warned by means of a preprinted form providing, in pertinent part:

"[Y]ou are warned:

If you refuse or fail to complete all chemical tests requested and:

If you are a first offender, your driving privileges will be suspended for a minimum of 6 months; or

If you are not a first offender, your driving privileges will be suspended for ...


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