People v. Weigt

• Decision Date: 28 May 1987
• Docket Number: 3-86-0404,3-86-0482,Nos. 3-86-0408,s. 3-86-0408
• Citation: People v. Weigt, 508 N.E.2d 1183, 155 Ill.App.3d 862, 108 Ill.Dec. 606 (Ill. App. 1987)
• Parties: , 108 Ill.Dec. 606 PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Michael J. WEIGT, Ralph C. LaFaber, and Lance R. Davis, Defendants-Appellees.
• Court: Appellate Court of Illinois

Page 1183

508 N.E.2d 1183

155 Ill.App.3d 862, 108 Ill.Dec. 606

PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Michael J. WEIGT, Ralph C. LaFaber, and Lance R. Davis Defendants-Appellees.

Nos. 3-86-0408, 3-86-0404, 3-86-0482.

Appellate Court of Illinois Third District.

May 28, 1987.

William Herzog, State's Atty., Kankakee County Courthouse, Kankakee, John X. Breslin, Deputy Director, State's Attys. Appellate Prosecutor, Ottawa, for plaintiff-appellant in No. 3-86-0408.

Adrienne W. Albrecht, Sacks & Albrecht, Gregory W. Morgan, Morgan, Regas & Glazar, Kankakee, for Michael J. Weigt.

Adrienne W. Albrecht, Sacks & Albrecht, Gregory W. Morgan, Morgan, Regas & Glazar, Kankakee, for Ralph C. Lafaber.

William Herzog, State's Atty., Kankakee County Courthouse, Kankakee, John X. Breslin, Deputy Director, State's Attys. Appellate Prosecutor, Ottawa, for People.

Greg Morgan, Kankakee, for Lance Davis.

Justice BARRY delivered the opinion of the court:

The People of the State of Illinois appeal from orders of the circuit court of Kankakee County which rescinded the summary suspension of driving privileges of Michael Weigt, Ralph LaFaber, and Lance Davis. We have consolidated these three appeals for purposes of decision, and we affirm the trial court in all three.

Defendant Weigt was arrested on April 29, 1986, and was asked by the arresting officer to submit to a chemical test to determine the amount of alcohol in his blood. He was warned that if such a test disclosed an alcohol concentration of 0.10 or more, his driving privileges would be suspended for a minimum of three months. Weigt submitted to the test which disclosed an alcohol concentration of 0.15. The arresting officer then filled out a form entitled "Law Enforcement Sworn Report" which informed Weigt that, since his alcohol level was above 0.10, his driver's license would be suspended for a minimum of three months and that the suspension would take effect on the 46th day following the issuance of the notice.

The report form contained a statement that the officer did "solemnly, sincerely, and truly declare and affirm" that he had placed Weigt under arrest for a violation of section 11-501 of the Illinois Vehicle Code, that he had complied with section 11-501.1 by having reasonable grounds to believe defendant was in violation of section 11-501, and that he had served immediate notice of summary suspension of driving privileges on Weigt pursuant to section 11-501.1. The report form was signed by the officer and did not contain any place for swearing under oath before an official authorized to administer oaths.

A confirmation of the summary suspension was sent by the Kankakee County circuit clerk to Weigt informing him that the suspension was effective at 12:01 a.m. on June 14, 1986, for a period of three months. Meanwhile, on May 2, Weigt filed a petition to rescind the suspension, alleging that he was not properly placed under arrest, that the arresting officer did not have reasonable grounds to believe that he was driving while under the influence of alcohol, and that he was not properly warned. At the bottom of the petition was a statement advising Weigt that the hearing would be limited to the issues he raised in the petition.

Weigt's hearing was held on May 22, 1986. According to the report of proceedings, Weigt moved to dismiss the "Law Enforcement Sworn Report" because no oath was administered by a person authorized to do so pursuant to Ill.Rev.Stat.1985, ch. 101, Pars. 1 and 2. The State opposed the motion on the grounds that an oath administered by a notary public or other official is not required by the Illinois Vehicle Code and that any irregularity can be cured by the officer's swearing to his certification in open court at the hearing. However, the State made no motion asking that the irregularity be cured by the officer's swearing to his certification in open court. The trial judge granted defendant's motion to dismiss the Law Enforcement Sworn Report and rescinded the summary suspension of his driver's license.

Ralph LaFaber was arrested on April 9, 1986, for driving while under the influence of intoxicating alcohol. After being given the appropriate warnings, he submitted to a chemical test which disclosed a blood alcohol concentration of 0.17. The officer filled out a Law Enforcement Sworn Report in the same form as in the Weigt case. On April 25 a certification was sent by the circuit clerk notifying LaFaber that his license would be suspended for three months beginning May 25. LaFaber filed a petition to rescind which was in the same form as was the petition filed by Weigt. The State obtained a continuance on May 20, and the case was not heard...