{
  "id": 3511570,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. H. PETER KELLER, Defendant-Appellant",
  "name_abbreviation": "People v. Keller",
  "decision_date": "1988-04-29",
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  "last_updated": "2023-07-14T19:02:50.417384+00:00",
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  "casebody": {
    "judges": [],
    "parties": [
      "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. H. PETER KELLER, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "PRESIDING JUSTICE LINDBERG\ndelivered the opinion of the court:\nThe petition of defendant, H. Peter Keller, for rescission of the statutory summary suspension of his driving privileges (Ill. Rev. Stat. 1985, ch. 95\u00bd, par. 2 \u2014 118.1) was denied by the circuit court of Du Page County pursuant to the State\u2019s motion for a directed verdict at the conclusion of defendant\u2019s case in chief. He appeals and we affirm.\nIn any case in which plaintiff has failed to make out a prima facie case, i.e., he has not presented at least some evidence on every element essential to his cause of action, defendant is entitled to judgment in his favor as a matter of law. (Kokinis v. Kotrich (1980), 81 Ill. 2d 151, 407 N.E.2d 43.) Section 2 \u2014 118.1 of the Illinois Vehicle Code (Ill. Rev. Stat. 1985, ch. 95\u00bd, par. 2 \u2014 118.1) sets forth certain issues to which a summary suspension hearing is to be limited:\n\u201c1. Whether the person was placed under arrest for an offense as defined in Section 11 \u2014 501, or a similar provision of a local ordinance, as evidenced by the issuance of a Uniform Traffic Ticket; and\n2. Whether the arresting officer had reasonable grounds to believe that such person was driving or in actual physical control of a motor vehicle while under the influence of alcohol, other drug, or combination thereof; and\n3. Whether such person, after being advised by the arresting officer that the privilege to operate a motor vehicle would be suspended if the person refused to submit to and complete the test or tests, did refuse to submit to or complete such test or tests to determine the person\u2019s alcohol or drug concentration; or\n4. Whether the person, after being advised by the arresting officer that the privilege to operate a motor vehicle would be suspended if the person submits to a chemical test, or tests, and such test discloses an alcohol concentration of 0.10 or more, and such person did submit to and complete such test or tests which determined an alcohol concentration 0.10 or more.\u201d Ill. Rev. Stat. 1985, ch. 95V2\u00bd, par. 2-118.1(b).\nSee People v. Badoud (1988), 122 Ill. 2d 50, 53.\nDefendant contested three of the four statutorily prescribed issues for the rescission of a summary suspension, specifically contending: (1) the officer did not arrest him (Ill. Rev. Stat. 1985, ch. 95\u00bd, par. 2 \u2014 118.1(b)(1)); (2) the officer did not have reasonable grounds to believe that defendant was operating a motor vehicle while under the influence of alcohol, other drug or a combination thereof (Ill. Rev. Stat. 1985, ch. 95\u00bd, par. 2 \u2014 118.1(b)(2)); and (3) the officer did not advise him that his privilege to operate a motor vehicle would be suspended if he submitted to a chemical test which determined a concentration of .10 or more; whether the results indicated an alcohol concentration of .10 or more (Ill. Rev. Stat. 1985, ch. 95\u00bd, par. 2 \u2014 118\u20141(b)(4)).\nAt the hearing on defendant\u2019s petition, his attorney, Donald J. Mock, examined defendant and the arresting officer. The State did not cross-examine either witness. Defendant rested, and the State moved for a directed verdict in its favor arguing that defendant failed to adduce evidence to sustain his burden of proof on any of the three issues.\nOur reading of the record of the extraordinarily truncated examination by attorney Mock of his client, the defendant, established that he asked only three questions of possible relevancy to his burden of proof:\n\u201cQ. [Defense attorney Mock]: In your opinion were you violating any of the Motor Vehicle Code, Rules of the Road?\nA. [Defendant]: No.\nQ. Were you violating any of the ordinances of Roselle?\nA. No.\nQ. In your opinion, were you under the influence of intoxicating liquor?\nA. No.\u201d\nAttorney Mock then examined the police officer as the second part of his case in chief. The questions related to the giving of a breathalyzer test. No questions were asked relating to any of the three issues which defendant raised in his petition for rescission.\nAt the close of defendant\u2019s case the State moved for and was granted a directed verdict. This appeal ensued.\nOur examination of the record of defendant\u2019s testimony, consisting of two pages and the answers to a total of only 10 questions, confirms the failure of defendant\u2019s counsel to adduce evidence upon, much less to prove, any of the three relevant issues. Further, defense counsel\u2019s examination of the arresting officer discloses a total failure to adduce any proof on any of the three issues constituting defendant\u2019s burden. (See People v. Brandt (1988), 165 Ill. App. 3d 406; see also People v. Vaughn (1987), 164 Ill. App. 3d 49, 517 N.E.2d 699; People v. Torres (1987), 160 Ill. App. 3d 643, 513 N.E.2d 1142; People v. Blythe (1987), 153 Ill. App. 3d 292, 505 N.E.2d 402.) Since petitioner failed to make out a prima facie case by presenting at least some evidence on every element essential to his cause of action, the State is entitled to judgment in his favor as a matter of law. Kokinis v. Kotrich (1980), 81 Ill. 2d 151, 407 N.E.2d 43.\nDefendant\u2019s second issue concerning the alleged violation of the Standards of the Illinois Department of Health by the officer in the giving of the breathalyzer test is moot as being irrelevant to the issues relating to the rescission of the summary suspension of driving privileges. Ill. Rev. Stat. 1985, ch. 951/2, par. 118.1(b); see People v. Badoud (1988), 122 Ill. App. 3d at 53.\nThe judgment of the circuit court of Du Page County ordering the Secretary of State to continue the summary suspension of defendant\u2019s driving privileges is affirmed.\nAffirmed.\nWOODWARD and UNVERZAGT, JJ., concur.",
        "type": "majority",
        "author": "PRESIDING JUSTICE LINDBERG"
      }
    ],
    "attorneys": [
      "Donald J. Mock, of Law Offices of Donald J. Mock, of Itasca, for appellant.",
      "James E. Ryan, State\u2019s Attorney, of Wheaton, and Richard L. Salon, of Chicago (William L. Browers, of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. H. PETER KELLER, Defendant-Appellant.\nSecond District\nNo. 2\u201487\u20140730\nOpinion filed April 29, 1988.\nRehearing denied May 19, 1988.\nDonald J. Mock, of Law Offices of Donald J. Mock, of Itasca, for appellant.\nJames E. Ryan, State\u2019s Attorney, of Wheaton, and Richard L. Salon, of Chicago (William L. Browers, of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People."
  },
  "file_name": "0426-01",
  "first_page_order": 448,
  "last_page_order": 451
}