People v. Racila

Illinois Appellate Court
Criminal Court
DUI
Citation
Case Number: 
2018 IL App (3d) 170361
Decision Date: 
Tuesday, December 18, 2018
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed and remanded with instructions.
Justice: 
LYTTON

(Court opinion corrected 12/31/18.) Defendant was arrested for DUI, and court granted his petition to rescind statutory summary suspension (SSS). Officer stopped Defendant for speeding, and had probable cause, or reasonable grounds, to believe that Defendant had been operating a motor vehicle while under the influence of alcohol. Field sobriety tests were given when weather was clear and pavement was dry and level, Defendant's breath smelled of alcohol, he had open cans of beer in the car, and he admitted that he had been drinking. (McDADE and SCHMIDT, concurring.)