Village of Lincolnshire v. Follensbee

Defendant, James Follensbee, was arrested for the offense of driving under the influence of alcohol (625 ILCS 5/11 — 501(a)(2) (West 1998)). He subsequently filed a petition to rescind the statutory summary suspension of his driving privileges, alleging that he did not refuse to consent to take a breath test or a blood test. Following a hearing, the trial court granted defendant’s petition. Plaintiff, the Village of Lincolnshire, appeals the trial court’s order granting defendant’s petition. We affirm.

The record reflects that, on April 24, 1999, at approximately 12:49 a.m., defendant was…