People v. Relwani

Illinois Appellate Court
Criminal Court
DUI
Citation
Case Number: 
2018 IL App (3d) 170201
Decision Date: 
Wednesday, February 21, 2018
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
CARTER

After hearing, court properly denied motion of Defendant, who had been charged with DUI in Walgreens parking lot, to rescind statutory summary suspension (SSS). Defendant presented no evidence to show that parking lot was on privately owned property and that it was privately maintained, and thus failed to establish a prima facie case for rescission based on private parking lot rule. Defendant admitted that he submitted to breath test, and although he did not establish that he did not refuse to submit to blood and urine tests, court's finding that Defendant did not refuse to submit to chemical tests was not against manifest weight of evidence. Defendant testified on direct examination about statements he made to police officers, and thus State's questions of Defendant, on cross-examination, about other statements he made to officers was not outside scope of direct examination. (WRIGHT, concurring; LYTTON, dissenting.)