People v. Aultman

604 N.E.2d 416, 237 Ill. App. 3d 304, 178 Ill. Dec. 160, 1992 Ill. App. LEXIS 1858
CourtAppellate Court of Illinois
DecidedNovember 19, 1992
DocketNo. 4—92—0407
StatusPublished
Cited by4 cases

This text of 604 N.E.2d 416 (People v. Aultman) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Aultman, 604 N.E.2d 416, 237 Ill. App. 3d 304, 178 Ill. Dec. 160, 1992 Ill. App. LEXIS 1858 (Ill. Ct. App. 1992).

Opinion

JUSTICE KNECHT

delivered the opinion of the court:

Defendant Jolynn M. Aultman was arrested for driving under the influence of alcohol (DUI) (Ill. Rev. Stat. 1991, ch. 95½, par. 11—501(a)(2)). She appeals from the Champaign County circuit court’s denial of her petition to rescind her statutory summary suspension of her driver’s license (Ill. Rev. Stat. 1991, ch. 95½, par. 11—501.1). She argues the trial judge erred because the arresting officer failed to provide the statutory motorist’s warning or to request that she submit to a blood, breath, or urine test. We disagree and affirm.

Howard Michael Kearn, a Village of Fisher police officer, testified at defendant’s hearing. Keam testified he stopped defendant’s vehicle at approximately 10:20 p.m. on March 1, 1992. The vehicle had turned onto Route 136 and was travelling in the wrong traffic lane for approximately 150 feet. Kearn activated his emergency equipment to pull over defendant’s vehicle. When defendant exited her vehicle, Kearn observed she was unsteady and had a strong smell of alcohol on her breath. He also observed, initially hidden by a coat which he asked defendant’s passenger to remove, a 12 pack of beer bottles with 2 open bottles half consumed.

After defendant’s poor performance on two field sobriety tests, Kearn placed her under arrest for DUI. According to Keam, defendant had no difficulty understanding the directions and requests which he provided to her before her arrest. However, from the time she was placed under arrest, and throughout Kearn’s remaining contact with defendant, she hurled verbal abuse at him continually. When he radioed his dispatcher to report the arrest, he had to repeat his communication because it was drowned by defendant’s screams and loud vulgarity.

Defendant persisted in hurling vulgarities at Keam while he tried to learn from her whom he could call to pick her vehicle up rather than requiring it be towed. Because defendant responded only with screaming vulgarities rather than information, Kearn had defendant’s vehicle towed.

Kearn and defendant travelled approximately 25 miles to the sheriff’s department to process her arrest. Defendant continued to scream during the entire transport. While en route, defendant asked Kearn to stop the vehicle so she could urinate alongside the road. Kearn refused to stop the vehicle. When they arrived at the station, Kearn told defendant she could urinate as soon as she was searched. Before defendant was searched she urinated on herself.

Kearn explained to defendant she must listen to what he was going to read to her. He intended to read the standard warning to motorists. (Ill. Rev. Stat. 1991, ch. 95½, par. 11—501.1(c).) Defendant continued to hurl insults at Kearn and to scream while Kearn tried at least twice to read the warnings to her. Defendant screamed louder the further Kearn read. During each attempt to read the warnings, Kearn did not reach the portion informing defendant of the consequences of submitting or refusing to submit to the intoxication tests.

On Kearn’s second or third attempt to read the warnings to defendant, he told her if she continued to be nonattentive he would have no choice but to consider her actions as a refusal. Kearn did not provide defendant with a personal copy of the warnings. When defendant’s actions continued, Kearn told defendant her actions were viewed as a refusal.

Kearn’s additional contact with defendant was again met with a tirade. He attempted to explain the procedures defendant faced. Over defendant’s tirade, Kearn read to her the portion of the notice of statutory suspension necessary to inform her of the consequences of her summary suspension. (Ill. Rev. Stat. 1991, ch. 95½, par. 11— 501.1(c).) He did not ask defendant to submit to a breath test.

On cross-examination Kearn explained it was impossible to read the relevant warnings over defendant’s screaming. At the close of the hearing the trial judge denied defendant’s request for rescission of her summary suspension. (Ill. Rev. Stat. 1991, ch. 95½, par. 11—501.1(c).) He concluded defendant, by her actions, tried to defeat the reading of the statutory warnings.

Defendant initially argues her actions did not relieve Kearn of his statutory obligation to provide the summary suspension warnings to her either by reading them or by providing her a copy of them. She also argues Kearn was obligated to ask her to submit to the breath test. The State contends defendant’s affirmative acts prevented Kearn from being able to provide the warnings and constituted a refusal on defendant’s part to submit to the breath test.

Although no implied consent warnings were provided to defendant, and she was not asked to submit to further testing, the trial judge properly rejected her request for rescission of her summary suspension. Ill. Rev. Stat. 1991, ch. 95½, par. 11—501.1(c).

Section 11—501.1(a) of the Illinois Vehicle Code (Code) provides:

“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 *** to a chemical test or tests *** for the purpose of determining the alcohol, other drug, or combination thereof content of such person’s blood if arrested ***.” Ill. Rev. Stat. 1991, ch. 95½, par. 11-501.1(a).

Section 11—501.1(c) of the Code states:

“A person requested to submit to a test as provided above shall be warned by the law enforcement officer requesting the test that a refusal to submit to the test will result in the statutory summary suspension of such person’s privilege to operate a motor vehicle as provided in Section 6—208.1 of this Code. The person shall also be warned by the law enforcement officer that if the person submits to the test or tests provided in paragraph (a) of this Section and the alcohol concentration in such person’s blood or breath is 0.10 or greater *** a statutory summary suspension of such person’s privilege to operate a motor vehicle, as provided in Sections 6—208.1 and 11—501.1 of this Code will, be imposed.” Ill. Rev. Stat. 1991, ch. 95½, par. 11—501.1(c).

Although the statute requires the warnings be provided to an individual arrested for DUI, and that defendant submit to further intoxication testing, when an officer’s efforts to comply with the law are completely thwarted by a defendant’s refusal to cooperate, the officer need not provide the warnings or further inquire about defendant’s decision whether to submit to intoxication testing. Ill. Rev. Stat. 1991, ch. 95½, par. 11—501.1(c).

The statutory summary suspension procedures were enacted primarily to protect highway travellers and to evaluate whether motor vehicle drivers are intoxicated. (Koss v. Slater (1987), 116 Ill. 2d 389, 395, 507 N.E.2d 826, 829; People v. Doty (1987), 164 Ill. App. 3d 53, 56, 517 N.E.2d 338, 340.) Courts consistently construe section 11—501.1 of the Code liberally to accomplish its purpose of promptly removing impaired drivers from our highways. See Doty, 164 Ill. App. 3d at 56, 517 N.E.2d at 341; People v. Ellerbusch (1983), 118 Ill. App. 3d 500, 503, 454 N.E.2d 1166, 1168.

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Cite This Page — Counsel Stack

Bluebook (online)
604 N.E.2d 416, 237 Ill. App. 3d 304, 178 Ill. Dec. 160, 1992 Ill. App. LEXIS 1858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-aultman-illappct-1992.