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239 Ill. App. 3d 8

People v. Millner

Appellate Court of Illinois

Decided July 12, 1991

Appellate Court of Illinois · decided 1991-07-12

Cited by 3 later decisions — most recently May 1994

3 state decisions

Relies on South Dakota v. Neville · 187 Ill. App. 3d 27 - In Re Summary Susp. of Driver's License

Good law ✅— No negative treatment on recordhow we know

Decided 1991-07-12

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PRESIDING JUSTICE RARICK,

¶1dissenting:

¶2Because I believe defendant was adequately advised that his refusal to take a blood-alcohol test would be admitted into evidence against him at a criminal trial, I must dissent. At the bottom of the standard “Warning to Motorist” was written in by hand an additional paragraph which read: “Evidence can be used for or against you in court.” The text of the rest of the warning itself clarified what such “evidence” was. Taking the warning as a whole then, defendant was indeed advised that a refusal could be used against him. Moreover, due process does not require that an individual be warned, either orally or in writing, of the consequences of his refusal to take a blood-alcohol test as he does not have the constitutional right to refuse such a test. (See In re Summary Suspension of Driver’s License of Rakers (1989), 187 Ill. App. 3d 27, 32, 542 N.E.2d 1311, 1314; see also South Dakota v. Neville (1983), 459 U.S. 553, 565, 74 L. Ed. 2d 748, 760, 103 S. Ct. 916, 923.) For these reasons, I respectfully dissent.

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