Appeal from Circuit Court of Schuyler County. No. 13DT1. Honorable Alesia McMillen, Judge Presiding.
Reversed and remanded.
In a prosecution for driving under the influence of alcohol, the failure of the arresting officer's sworn report and the notice of the summary suspension of defendant's license to have a check mark in the boxes indicating whether defendant was given immediate notice of the suspension or notice by mail did not provide a basis for rescinding the summary suspension of defendant's license, since defendant admitted he was given the proper admonitions and received written notice.
Ramon Escapa, State's Attorney, of Rushville (Patrick Delfino, David J. Robinson, and Anastacia R. Brooks, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.
JUSTICE POPE delivered the judgment of the court, with opinion. Presiding Justice Appleton and Justice Holder White concurred in the judgment and opinion.
[¶1] The State appeals the trial court's order granting defendant Ryan C. Clayton's petition to rescind the statutory summary suspension of his driver's license. We reverse and remand for further proceedings.
[¶2] I. BACKGROUND
[¶3] On December 27, 2012, Schuyler County sheriff's deputy Tim Rhoads responded to a one-car accident involving a truck stuck in a ditch. Rhoads arrested defendant for driving under the influence of alcohol (DUI). Defendant agreed to submit to a Breathalyzer test. The sworn report shows defendant's blood alcohol level
was 0.236. Thereafter, the Secretary of State suspended defendant's driver's license.
[¶4] On January 22, 2013, defendant filed a petition to rescind the suspension of his license, arguing (1) he was not properly placed under arrest for DUI, (2) the arresting officer did not have reasonable grounds to believe he was driving while under the influence of alcohol, (3) he was not properly warned by the arresting officer pursuant to section 11-501.1 of the Illinois Vehicle Code (Vehicle Code) (625 ILCS 5/11-501.1 (West 2010)), and (4) the test did not indicate a blood alcohol level of 0.08 or more.
[¶5] During the hearing on defendant's petition, Deputy Rhoads testified he admonished defendant of the consequences involved in agreeing or refusing to take a Breathalyzer test prior to defendant taking it. Rhoads informed defendant if he took the test and failed his license would be suspended for 6 months but if he refused the test he would face a 12-month suspension. (A copy of the written warning to motorist is contained in the record.) Defendant ...