Defendant was charged with DUI. Court properly granted Defendant's motion to suppress, and properly granted Petition to rescind statutory summary suspension (SSS). Officer testified that he could not tell how much Defendant, who had been in a single motorcycle accident, drank based on "slight odor" of alcoholic beverage on Defendant's breath; and testified that Defendant seemed honest to him before admitting that he had 1 drink. As officer was the only witness to testify at suppression hearing and court state that it questioned his credibility on issue of impairment, court properly granted motion to suppress. State's appeal did not require court to stay rescission hearing as DUI prosecution and SSS hearing are separate proceedings. Court properly relied on evidence from suppression hearing in deciding petition to rescind. (CARTER and McDADE, concurring.)
Illinois Appellate Court
Criminal Court
Statutory Summary Suspension