People v. Aronson

Illinois Appellate Court
Criminal Court
DUI
Citation
Case Number: 
No. 2-10-0143
Decision Date: 
Wednesday, March 16, 2011
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed.
Justice: 
JORGENSEN
Court properly rescinded statutory summary suspension of driver charged with DUI. Court properly factored into its decision that because of the State's inability to produce video of Defendant's performance on field sobriety tests, the video presumptively would have weighed against the State, and might have held exculpatory value for Defendant. Court's understanding that police video camera recorded the stop, but that the recording could not be produced because of a technical problem, was supported by the record. Court inherently found that information presumed on video, and Defendant's testimony, outweighed State's evidence. (McLAREN and BURKE, concurring.)