People v. Cosenza

In this case, the Secretary of State, pursuant to section 11 — 505.1 of the Vehicle Code, summarily suspended defendant’s driving privileges after defendant, who had been arrested for driving under the influence, was deemed by the arresting officer to have refused the officer’s request to perform a Breathalyzer test. Defendant thereafter filed a petition to rescind the summary suspension in the circuit court of Kankakee County. The circuit court denied the petition. On appeal, the appellate court reversed the denial, holding that defendant’s hearing was not completed within the time period…