People v. Kavanaugh

Illinois Appellate Court
Criminal Court
Statutory Summary Suspension
Citation
Case Number: 
People v. Kavanaugh
Decision Date: 
Thursday, December 8, 2016
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed and remanded.
Justice: 
O'BRIEN

Court erred in granting Defendant's petition to rescind statutory summary suspension (SSS).  Defendant admitted that she failed to check her blind spot before changing lanes, causing another vehicle to drive into the ditch. Evidence presented at hearing, as to Defendant's erratic driving, strong odor of burnt cannabis in her vehicle, and presence of cannabis and paraphernalia in her vehicle were sufficient to lead a reasonably cautious person to believe Defendant was driving while under influenced of cannabis. (CARTER, concurring; HOLDRIDGE, specially concurring.)