People v. Arrendondo

Illinois Appellate Court
Criminal Court
Statutory Summary Suspension
Citation
Case Number: 
2012 IL App (3d) 110223
Decision Date: 
Friday, March 9, 2012
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed and remanded.
Justice: 
McDADE
Court granted motion of Defendant, who had been charged with DUI, to rescind statutory summary suspension. Defendant failed to present any evidence, at SSS hearing, that he was not properly advised of potential consequences of refusal to submit to testing, and officer's signed document is accepted as evidence that Defendant was so advised. That officer noticed Defendant's traffic violations of obstructed view and lack of registration light were sufficient to conclude that Defendant was improperly operating his vehicle, and it was Defendant's burden to prove prima facie case for rescission at SSS rescission hearing. (WRIGHT, concurring; HOLDRIDGE, dissenting.)