People v. Wozniak

Defendant Doug W. Wozniak was charged with driving under the influence of alcohol (Ill. Rev. Stat. 1987, ch. 95½, par. 11—501(a)(2)). The trial court granted defendant’s motion to suppress the result of defendant’s breath test. The State appeals the suppression order.

The record shows that on October 9, 1988, defendant was charged with driving under the influence of alcohol and his license was summarily suspended. Defendant subsequently filed a petition to rescind (Ill. Rev. Stat. 1987, ch. 95½, par. 11—501.1), alleging that he had not been properly arrested.

At the hearing on the petition,…