People v. Every

The State brings this appeal, pursuant to Supreme Court Rule 603 (134 Ill. 2d R. 603), from a decision by the circuit court of Jo Daviess County declaring unconstitutional a provision in section 11—501.1(a) of the Illinois Vehicle Code (625 ILCS 5/11—501.1(a) (West 1996)).

The facts of this case are not in dispute and require only brief recitation here. The defendant, David L. Every, was involved in a one-car accident on Council Hill Road in Jo Daviess County on May 28, 1997. Deputy Kieffer of the Jo Daviess County sheriffs office arrived on the scene and found the defendant there. The…