City of Highland Park v. Didenko

Defendant, Yevgeniy Didenko, appeals the trial court’s order denying his petition to rescind the summary suspension of his driver’s license (see 625 ILCS 5/2 — 118.1(b) (West 1994)). The question for review is whether the trial court erred in ruling that the arresting officer’s failure to give the required warning about refusal to submit to breath testing was excused by defendant’s combativeness. We reverse.

Because there is no bystander’s report or transcript of the testimony from the summary suspension hearing, we derive the facts from the trial court’s findings set forth in a written order,…