People v. Tucker

The State appeals from an order of the circuit court of Stephenson County granting the petition of the defendant, Terry Tucker, for rescission of the summary suspension of his driving privileges (Ill. Rev. Stat. 1991, ch. 951/2, par. 2 — 118.1). The sole issue raised on appeal is whether the trial court erred in determining that the defendant had presented a prima facie case for rescission of the summary suspension.

Defendant’s petition raised the following grounds: (1) that defendant was not properly placed under arrest; (2) that the arresting officer did not have reasonable grounds to…