People v. Relwani

This case presents question as to whether trial court properly granted govt.’s motion for directed verdict in action by defendant seeking to rescind statutory summary suspension of his driver’s license following his arrest for DUI, where defendant argued that summary suspension statute did not apply because his arrest occurred on private parking lot of Walgreen’s drug store. Appellate Court, in affirming trial court’s grant of directed verdict in govt.’s favor, found that burden rested on defendant to present evidence that subject parking lot was privately owned and maintained property, which defendant had failed to do. In his petition for leave to appeal, defendant argued that Appellate Court’s decision conflicted with other Illinois decisions requiring govt. to present evidence establishing that subject parking lots were publicly owned or maintained by governmental entity, and that defendant needed to show only that he was operating or in control of vehicle in parking lot of private business to establish prima facie case for rescission of statutory summary suspension. (Dissent filed)