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People v. Hart

Case Date: 06/06/2000
Court: 2nd District Appellate
Docket No: 2-99-0758

People v. Hart, No. 2-99-0758

2nd District, 6 June 2000

THE PEOPLE OF THE STATE OF ILLINOIS,

Plaintiff-Appellee,

v.

JEFFREY R. HART,

Defendant-Appellant.

 Appeal from the Circuit Court of Du Page County.

No. 99--DT--333

Honorable Perry R. Thompson, Judge, Presiding.

JUSTICE RAPP delivered to opinion of the court:

Defendant, Jeffrey R. Hart, appeals the trial court's refusal to rescind the summary suspension of his driving privileges pursuant to section 11--501.1 of the Illinois Vehicle Code (Code) (625 ILCS 5/11--501.1(c) (West 1998)). We affirm.

The facts relevant to this case are as follows. In January 1999, defendant was arrested for driving under the influence of alcohol (625 ILCS 5/11--501(a) (West 1998)), and the arresting officer asked defendant to take a breath test to determine his blood-alcohol content. After being administered warnings by the officer as required by section 11--501.1(c) of the Code, defendant refused to take the test. As a result, because defendant was a repeat offender, his driving privileges were summarily suspended for a minimum of three years (see Pub. Act 90--738,