23 Order Filed: November 9, 2016
to Publish Granted: November 30, 2016
from the Circuit Court of Randolph County. No. 14-DT-52
Honorable Eugene E. Gross, Judge, presiding.
Attorneys for Appellant Patrick Delfino, Director, David J.
Robinson, Acting Deputy Director, Sharon Shanahan, Staff
Attorney, Office of the State's Attorneys Appellate
Attorney for Appellee (pro se) Kevin C. Brantley.
STEWART JUSTICE delivered the judgment of the court, with
opinion. Justices Chapman and Cates concurred in the judgment
1 The defendant, Kevin C. Brantley, was charged with driving
under the influence in violation of section 11-501 of the
Illinois Vehicle Code (625 ILCS 5/11-501(a)(4) (West 2014)).
He submitted to blood and urine testing, which revealed the
presence of alprazolam, a controlled substance listed as a
Schedule IV drug in the Illinois Controlled Substances Act
(720 ILCS 570/210(c)(1) (West 2014)). A statutory summary
suspension was scheduled to go into effect on April 14, 2015.
The defendant filed a petition to rescind the statutory
summary suspension, and after a hearing on the matter, the
trial court granted the petition. The State appeals.
3 On December 8, 2014, the defendant was arrested for driving
under the influence. He submitted to blood and urine tests,
which showed the presence of a Schedule IV controlled
substance (alprazolam) in his system.
4 On March 15, 2015, the defendant received a confirmation of
statutory summary suspension showing that effective April 14,
2015, his driving privileges would be suspended as a result
of his being arrested for driving a motor vehicle while under
the influence of a controlled substance. The defendant filed
a petition to rescind the statutory summary suspension. On
April 6 and April 15, 2015, the trial court conducted
hearings on the defendant's petition.
5 Officer Joe Crain, a police officer with the city of
Chester, testified that on December 8, 2014, he received a
telephone call from a witness who had seen the
defendant's vehicle run off the road and cross the center
line several times. Officer Crain and Officer Joe Jany
located the vehicle and started following it. Officer Crain
saw the defendant stop his vehicle partly into an
intersection and cross the center line three times. Officer
Crain activated his emergency lights and siren. According to
Officer Crain, the defendant crossed the center line three
more times before he eventually pulled over.
6 Officer Crain testified that the defendant stated he
crossed the center line because he had a long day and was
tired after his earlier trip to his doctor in St. Louis. The
defendant told Officer Crain that, although he did not have
them on, he was supposed to wear glasses to drive at night.
Officer Crain asked to see the defendant's driver's
license and proof of insurance. The defendant produced a copy
of his breath alcohol ignition interlock device (BAIID)
permit but was unable to find his proof of insurance. When
the defendant opened the glove compartment to locate his
proof of insurance, Officer Crain noticed two prescription
medicine bottles. He questioned the defendant about the
bottles, and the defendant told him that they were
prescription Suboxone that he received from his doctor in St.
Louis earlier that day.
7 Officer Crain did not smell alcohol on the defendant's
breath, and the defendant did not have slurred speech or
bloodshot eyes. Officer Crain asked the defendant to perform
field sobriety tests. Officer Crain administered the
horizontal gaze nystagmus test and did not observe any
impairment. He did, however, notice that the defendant's
pupils were constricted. According to Officer Crain, the
defendant failed the walk-and-turn test and the one-leg-stand
test. Officer Crain placed the ...