People v. Howard

Defendant was arrested for DUI and his driver’s license was summarily suspended. The circuit court granted defendant’s petition to rescind the summary suspension on the basis that the officer had no reasonable grounds to believe that defendant was driving a motor vehicle on a highway while under the influence of alcohol. The appellate court reversed, finding the trial court’s order was against the manifest weight of the evidence because the officer’s testimony that they did not know who maintained the parking lot where defendant was arrested was not sufficient to support defendant’s affirmative defense. (O’BRIEN and SCHMIDT, concurring.)