People v. Swanson

Court properly denied Defendant’s petition to rescind statutory summary suspension (SSS). No due process violation from officer not immediately sending a copy of notice of SSS to Secretary of State, so that confirmation of suspension did not come until after suspension was set to begin. Confirmation was not needed to provide notice to Defendant because Defendant received notice of suspension, and suspension would automatically occur on 46^th day after issuance of notice, and Defendant was given opportunity to be heard at a hearing, which can be held either pre- or post-suspension. The fact that State sent the sworn report to Secretary of State instead of the officer is not fatal to the suspension. (LYTTON and SCHMIDT, concurring.)