People v. Clayton

The defendant Joseph Clayton was issued an Illinois citation and complaint for driving under the influence of alcohol (DUI). He refused to submit to alcohol testing. The Secretary of State issued a statutory summary suspension, and the defendant filed a petition to rescind the summary suspension. On December 8, 1989, the trial court granted the defendant’s petition to rescind based upon the arresting officer’s failure to appear for the hearing. The State appeals.

The principal issue on appeal before this court is whether the trial court was correct in sua sponte granting the defendant’s…