Illinois Supreme Court
Civil Court
Collateral Estoppel
Defendant, whose license was summarily suspended after refusing Breathalyzer test, filed malicious prosecution action against arresting officer. Drivers' license SSS proceedings are summary civil proceedings, during which police reports can be relied upon in absence of the officers. No collateral estoppel preclusive effect, including determination of probable cause, should be given as the result of such proceedings. (FITZGERALD, FREEMAN, KILBRIDE, GARMAN, KARMEIER, and BURKE, concurring.)