People v. Norris

Illinois Appellate Court
Criminal Court
Statutory Summary Suspension
Citation
Case Number: 
2018 IL App (3d) 170436
Decision Date: 
Monday, December 31, 2018
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
LYTTON

Court properly denied Defendant's petition to rescind statutory summary suspension (SSS). Defendant was placed under lawful arrest for DUI. Officer had reasonable suspicion to believe that Defendant was driving while under the influence of alcohol. Appellate court defers to court's factual findings that Defendant refused testing and that officer read required warning to him. Hearing commenced within the prescribed 30-day time window, and no misconduct in State moving for a continuance. Exclusionary rule, in context of an alleged Miranda violation, is inapplicable in SSS hearings. (HOLDRIDGE and WRIGHT, concurring.)