§ 4.15 Sworn Report

• Library: Illinois DUI and Traffic-Related Decisions (2016 Ed.)

§ 4.15 Sworn Report

People v. Gaddi, 145 Ill. App. 3d 227, 494 N.E.2d 696, 98 Ill. Dec. 574 (1st Dist. 1986). (Pre-1986 statute.) An unsworn report may be sworn to prior to a hearing since liberal procedural amendments and verification have been looked upon favorably in civil proceedings.

People v. Morrison, 155 Ill. App. 3d 1088, 508 N.E.2d 1186, 108 Ill. Dec. 609 (3d Dist. 1987). A "sworn report" is equivalent to a pleading filed under the Code of Civil Procedure (735 ILCS 5/1109). If the sworn report is certified pursuant to sec. 1-109, it is sufficient to satisfy the vehicle code requirement that the officer's report be sworn.

People v. Weigt, 155 Ill. App. 3d 862, 508 N.E.2d 1183, 108 Ill. Dec. 606 (3d Dist. 1987). A "sworn report" submitted by a police officer that has not been sworn to by the officer could not be cured by the officer swearing to the report in open court. The trial court's rescission of the statutory summary suspension was upheld. But see People v. Badoud, 122 Ill. 2d 50, 521 N.E.2d Ill 884, 118 Dec 407 (1988), in which the supreme court ruled differently.

People v. Badoud, 122 Ill. 2d 50, 521 N.E.2d 884, 118 Ill. Dec. 407 (1988). A "sworn report" submitted by a police officer that had not been sworn to by the officer can be cured by the officer's...