Legal Opinion

Village of Cary v. Jakubek

Appellate Court of Illinois

Decided January 27, 1984No. 83-247PublishedCited by 30 opinions

1Opinion of the CourtJustice Van Deusen

The defendant, Donald Jakubek, appeals from the trial court’s finding of probable cause after an implied consent hearing (Ill. Rev. Stat., 1982 Supp., ch. 951/2, par. 11 — 501.1(c)), which he had requested. On appeal, he raises three assignments of error, none of which have merit. •

Defendant’s principal contention on appeal is that upon refusal by the motorist to take a blood alcohol test, the officer must determine whether the refusal was owing to confusion in understanding the stated rights or stems merely from a knowledgeable refusal.

The evidence pertinent to this issue was that the…

2Cases cited23 opinions

  1. Flynn v. VancilIllinois Supreme Court · 1968
  2. Spradling v. DeimekeSupreme Court of Missouri · 1975
  3. State v. PandoliNew Jersey Superior Court Appellate Division · 1970
  4. Robertson v. State Ex Rel. LesterSupreme Court of Oklahoma · 1972
  5. Graham v. StateAlaska Supreme Court · 1981

18 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Britt v. Federal Land Bank Ass'n of St. LouisAppellate Court of Illinois · 1987
  2. People v. FowlerAppellate Court of Illinois · 1991
  3. American Wheel & Engineering Co. v. Dana Molded Products, Inc.Appellate Court of Illinois · 1985
  4. People v. GaddiAppellate Court of Illinois · 1986
  5. People v. GrazianoAppellate Court of Illinois · 1986

25 more not listed; retrieve them via the Exa API.

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