People v. Gocmen

Illinois Appellate Court
Criminal Court
Statutory Summary Suspension
Citation
Case Number: 
2017 IL App (3d) 160025
Decision Date: 
Wednesday, March 29, 2017
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
McDADE

(Modified upon denial of rehearing 5/15/17.) Defendant was charged with driving under the influence of drugs or combination of drugs and improper lane usage. Court properly granted Defendant's petition to rescind statutory summary suspension (SSS). Officer admitted that he never observed Defendant and only knew Defendant's symptoms (seating, pinpoint pupils, fast heart rate) by speaking to paramedics, and that he had no experience in DUI of drugs. Officer lacked probable cause to believe that Defendant was under the influence of drugs; and Defendant told officer that he was a diabetic.(HOLDRIDGE, concurring; SCHMIDT, dissenting.)