People v. Osborn

The State appeals the judgment of the circuit court of Du Page County granting the petition of defendant, Lemuel Osborn, to rescind the statutory summary suspension of his driver’s license. The court found in favor of defendant because defendant had not been served with notice of the summary suspension as required by statute and due process of law. On appeal the State contends that since defendant availed himself of his right to a hearing, he was not prejudiced by the lack of statutory notice that he could avail himself of a hearing. This argument was not raised below and therefore has been…