People v. Cielak

Court's finding that Defendant failed to make a prima facie case for rescission of his statutory summary suspension (SSS), after being charged with DUI, was not against manifest weight of evidence. Officer's testimony that he "probably" began observation period within 15 minutes of arriving at police station, although he stated that he observed Defendant for 29 minutes, did not mandate that officer's testimony be discredited entirely. Officer was in "substantial compliance" with 20-minute observation period, and it is not required that officer record time when 20-minute observation period began. No denial of due process  in State failing to disclose to Defendant prior to hearing that officer would testify that he began 20-minute observation period before he read warning to Defendant, as time at which warning was giving, in relation to commencement of observation period, was not material under U.S. Supreme Court Brady v. Maryland decision. (SCHOSTOK and McLAREN, concurring.)