People v. Orth

The principal question posed in this appeal is whether a driver who suffers the summary suspension of his license has the burden of proving that the suspension should be rescinded. The answer to this question is yes.

In the circuit court of Henderson County, the defendant filed a written request, which he styled a “petition,” to rescind the summary suspension of his driver’s license. After a hearing, the circuit court granted the defendant’s request. The State appealed, and the appellate court affirmed (154 Ill. App. 3d 144). We granted the State’s petition for leave to appeal. 107 Ill. 2d R.…