On February 27, an Illinois appellate court upheld a defendant’s license suspension despite the arresting officer’s incomplete report.
Defendant Jaime McLeer’s driver’s license was suspended after he refused to submit to testing to calculate the concentration of alcohol in his blood. McLeer was arrested for DUI in January 2014. When McLeer refused testing, the officer told him that his driving privileges would be suspended. The officer gave the sworn report to McLeer. There was no date listed beside the “Notice of Summary Suspension/Revocation Given On.” Based on the missing date, the defendant petitioned the court to rescind the suspension.
At the hearing on the petition, the officer testified that because information was missing from the sworn report, the Secretary of State’s office initially could not confirm the summary suspension. Thus, the Secretary advised the officer to fill in the portion of the form providing when “Notice of Summary Suspension/Revocation [was] Given.” The arresting officer amended the report accordingly. He then sent the amended report to the Secretary, but he never sent the amended report to McLeer or to the court. The officer confirmed at the hearing, however, that he gave McLeer notice of the suspension on January 26, 2014.