People v. Lee

Illinois Appellate Court
Criminal Court
Statutory Summary Suspension
Citation
Case Number: 
2016 IL App (2d) 150359
Decision Date: 
Thursday, January 28, 2016
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed.
Justice: 
SCHOSTOK

Court properly denied Defendant's petition to rescind statutory summary suspension (SSS) of his driver's license, after he was charged with DUI. Court's finding that arrest took place in South Elgin was against manifest weight of evidence, as arresting police officer, who was on South Elgin City Police Department, testified that arrest was within Kane County's jurisdiction. If officer had probable cause to believe that Defendant was speeding within South Elgin, he was authorized to arrest Defendant outside of South Elgin. Officer used radar to monitor Defendant's speed while Defendant was driving within South Elgin, and thus he was performing official duty within his jurisdiction.(ZENOFF and BIRKETT, concurring.)