People v. Luyten

Defendant Johannes W. Luyten appeals from an order of the circuit court denying his motion to rescind the statutory summary suspension of his driver’s license. Defendant contends the court erred in determining the State can set a hearing date either within 30 days after receipt of defendant’s request for a hearing or on the first appearance date shown on the traffic ticket.

On October 24, 1995, defendant was arrested for driving under the influence of alcohol. The officer issued defendant a traffic citation, which listed a court appearance date of December 1, 1995. On October 25, 1995,…