People v. Wilhelm

State: Illinois

Court: 2nd District Appellate

Docket No: 2-03-0106 Rel

Case Date: 01/27/2004

No. 2--03--0106

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

THE PEOPLE OF THE STATE
OF ILLINOIS,

Plaintiff-Appellant,

LOIS L. WILHELM,

Defendant-Appellee.

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Appeal from the Circuit Court
of Lee County.

No. 02--DT--152

Honorable
Charles T. Beckman,
Judge, Presiding.

JUSTICE CALLUM delivered the opinion of the court:

Defendant, Lois L. Wilhelm, was arrested and charged by information with driving under theinfluence of alcohol (625 ILCS 5/11--501(a)(2) (West 2002)) and driving with a breath-alcoholconcentration of 0.08 or more (625 ILCS 5/11--501(a)(1) (West 2002)). She was also given noticethat her driving privileges were summarily suspended under section 11--501.1 of the Illinois VehicleCode (625 ILCS 5/11--501.1 (West 2002)). She filed a petition to rescind the summary suspension,which the trial court granted. The State appeals, arguing that the court erred in construing theregulations for the administration of the breath test. We reverse.

Section 1286.310 of the Illinois Administrative Code (the Code) (20 Ill. Adm. Code