People v. Cosenza

The petitioner, Paul A. Cosenza, petitioned to rescind the summary suspension of his driver’s license after he failed to complete a Breathalyzer test. The trial court denied his petition. On appeal, Cosenza argues that the trial court erred because (1) the court did not conclude the hearing on his petition within 30 days after he filed the petition, as required by statute (625 ILCS 5/2 — 118.1(b) (West 2002)); and (2) he was physically incapable of completing the Breathalyzer test. We reverse.

Cosenza was arrested for driving under the influence on October 19, 2002. He was taken to the police…