Defendant was arrested for DUI. Court granted Defendant's petition to rescind his statutory summary suspension (SSS). Court erred in sustaining Defendant's hearsay objection during SSS hearing. State attempted to elicit testimony from arresting officer explaining what he learned during his investigation and why he believed he had probable cause to arrest Defendant for DUI. When a defendant challenges whether arresting officer had reasonable grounds for arrest, officer's testimony, even if it includes hearsay, is permissible during SSS hearing as it provides court with necessary information to rule on petition to rescind SSS. Court's ruling is affirmed because of forfeiture, as State did not make this argument as to hearsay to trial court or to appellate court. (HARRIS and APPLETON, concurring.)
Illinois Appellate Court
Criminal Court
Statutory Summary Suspension