Defendant was charged with driving while under the influence of alcohol and his driving privileges were summarily suspended by statute. Defendant petitioned to rescind the summary suspension, arguing that the arresting officer lacked reasonable grounds to believe he was under the influence of alcohol. At the hearing on the motion, the State presented no evidence but asked that the court consider the arresting officer’s official reports under section 2-118.1(b) of the Illinois Vehicle Code. The court did not consider the official reports as evidence and granted the defendant’s motion. The State appealed, arguing that the court should have considered the reports. The appellate court agreed, vacated the order granting the defendant’s petition to rescind, and remanded for a new rescission hearing. (HUTCHINSON and HUDSON, concurring)
Illinois Appellate Court
Criminal Court
Evidence