People v. Cofer

Following an implied consent hearing, the trial court ruled that the defendant, Gary C. Cofer, did not refuse to complete the requested chemical test. The State appeals that portion of the court’s order, arguing the court misinterpreted and incorrectly applied the implied consent statute (hereinafter the statute) (Ill. Rev. Stat. 1983, ch. 95½, par. 11 — 501.1), to the instant circumstances. We agree.

Since the appellant failed to include a verbatim report of proceedings in the record on appeal, we base our review upon the certified report of proceedings. 87 Ill. 2d R. 323(c).

The…