People v. Relwani

Illinois Supreme Court
Criminal Court
DUI
Citation
Case Number: 
2019 IL 123385
Decision Date: 
Friday, January 25, 2019
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Appellate court affirmed.
Justice: 
KILBRIDE

Defendant was charged with DUI, and his driver's license was summarily suspended under Illinois's implied consent statute. Court properly entered directing finding for the State, after Defendant rested his case at hearing on petition to rescind statutory summary suspension (SSS). Defendant was required to, but did not, offer some affirmative evidence that the parking lot where he was arrested for DUI was not a public highway within the definition in the Illinois Vehicle Code to make his prima facie case to avoid a directed finding for the State. (KARMEIER, THOMAS, GARMAN, BURKE, THEIS, and NEVILLE, concurring.)