People v. Raupp

Defendant was arrested for DUI. The "Law Enforcement Sworn Report" issued to Defendant at the time incorrectly listed the notice date and breath-test date as 1/12/96; but the correct date of 1/12/19 was listed as arrest date and date officer certified statements were correct. An amended sworn report was prepared listing arrest date and test date as 1/12/19, and notice date and certification date as 1/22/19, although report was not mailed until 1/23/19. Court erred in rescinding statutory summary suspension. The original sworn report was not fatally defective; despite scrivener's error, Secretary of State had enough information to confirm suspension. As Secretary confirmed Defendant's suspension more than 46 days after Defendant originally received notice, summary suspension should not have been rescinded. (ZENOFF and BURKE, concurring.)