People v. Hamilton

The State brings this direct appeal from a decision of the circuit court of Williamson County which invalidated a portion of Illinois’ driver’s license statutory summary suspension procedure. Specifically, the circuit court held that section 2 — 118.1(b) of the Illinois Vehicle Code (Ill. Rev. Stat. 1985, ch. 95%, par. 2 — 118.1(b)), insofar as it purports to limit the issues which may be raised at a driver’s license summary suspension rescission hearing, violates due process and that the procedure also violates the doctrine of separation of powers.

On February 21, 1986, the defendant’s…