People v. Acevedo

Illinois Appellate Court
Criminal Court
Statutory Summary Suspension
Citation
Case Number: 
2017 IL App (3d) 150750
Decision Date: 
Wednesday, March 1, 2017
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
O'BRIEN

Court properly denied Defendant's petition to rescind statutory summary suspension (SSS) after being charged with DUI. State committed a discovery violation as it did not turn over a DVD of Defendant's traffic stop, because DVD was accidently destroyed after stop. Court did not abuse its discretion in considering available options for sanctions and determining that imputing that Defendant had met his burden of proof as to a prima facie case for rescission was appropriate sanction, rather than barring officer's testimony as to stop. (CARTER, concurring; SCHMIDT, specially concurring.)