Court entered order rescinding statutory summary suspension (SSS) of Defendant's driver's license. Court erred in finding the warning to motorist inadequate when read to the Defendant in English. Record contains no evidence that warnings given were improper, confusing, or inadequate.Defendant admitted that he signed the documents the officer read. Although Defendant alleges that he did not understand the warnings officer read to him, he did not ask officer any questions. Legislature has created no exception in the implied-consent law for motorists who do not speak English. Defendant had no right to have the warning read to him in a language other than English. The presence of officers who could speak Spanish was for the purpose of collecting evidence against Defendant (administering field sobriety tests and breath test) and did not constitute an additional afforded right to Defendant not required by law. (CARTER, concurring; LYTTON, specially concurring.)
Illinois Appellate Court
Criminal Court
Statutory Summary Suspension