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People v. Dominguez

August 9, 2006

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT,
v.
ARMANDO DOMINGUEZ, DEFENDANT-APPELLEE.



Appeal from the Circuit Court of the 12th Judicial Circuit, Will County, Illinois. No. 05--DT--743. Honorable Richard C. Schoenstedt, Judge, Presiding.

The opinion of the court was delivered by: Presiding Justice Schmidt

Published opinion

On May 13, 2005, the defendant, Armando Dominguez, was issued three traffic tickets, including one for driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, in violation of section 11--501(a)(6) of the Illinois Vehicle Code (the Code). 625 ILCS 5/11--501(a)(6) (West 2004). Subsequently, defendant received notice that his driving privileges were to be summarily suspended pursuant to section 11--501.1 of the Code. Defendant filed a petition to strike and rescind his statutory summary suspension, which was granted by the circuit court of Will County. The State appeals from the circuit court's order granting defendant's petition.

BACKGROUND

On the day defendant was issued the three traffic tickets, he agreed to provide a sample of blood and urine to determine whether he had ingested any illegal drugs. Several weeks later, the police officer who issued the tickets received a lab report which indicated that defendant had, in fact, ingested illegal drugs. The police officer prepared a supplemental sworn report. Copies of this report were mailed to the defendant and the Secretary of State. The Secretary of State then sent a confirmation of defendant's statutory summary suspension to the defendant. No sworn report was mailed to the circuit court of Will County.

Prior to the date upon which his statutory suspension was to become effective, defendant filed a petition to strike and rescind the suspension. This petition was based upon the fact that the officer failed to forward his sworn report to the circuit court of Will County in compliance with section 11--501.1(f) of the Code. 625 ILCS 5/11-- 501.1(f) (West 2004). The circuit court granted defendant's petition. The State appeals.

ANALYSIS

The sole issue on appeal is whether the circuit court properly granted defendant's petition. To resolve this issue, we must interpret section 11--501.1(f) of the Code. 625 ILCS 5/11--501.1(f) (West 2004). Statutory construction is a matter of law and, therefore, our standard of review is de novo. People v. Phelps, 211 Ill. 2d 1, 809 N.E.2d 1214 (2004).

Section 11--501.1 states, in pertinent part, as follows:

"(a) Any person who drives or is in actual physical control of a motor vehicle upon the public highways of this State shall be deemed to have given consent, subject to the provisions of Section 11-501.2, to a chemical test or tests of blood, breath, or urine for the purpose of determining the content of alcohol, other drug or drugs, or intoxicating compound or compounds or any combination thereof in the person's blood if arrested, as evidenced by the issuance of a Uniform Traffic Ticket, for any offense as defined in Section 11-501 or a similar provision of a local ordinance. The test or tests shall be administered at the direction of the arresting officer.

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(d) If the person refuses testing or submits to a test that discloses an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or an intoxicating compound listed in the Use of Intoxicating Compounds Act, the law enforcement officer shall immediately submit a sworn report to the circuit court of venue and the Secretary of State, certifying that the test or tests was or were ...


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