People v. Smith

Defendant, Dennis Smith, was arrested for driving while under the influence of alcohol (625 ILCS 5/11— 501(a) (West 1994)). After defendant refused to take a breath test, defendant was served with notice of the statutory summary suspension of his driving privileges pursuant to section 11 — 501.1 of the Illinois Vehicle Code (Code) (625 ILCS 5/11 — 501.1 (West 1994)). Defendant filed a petition in the circuit court of Champaign County to rescind the summary suspension. The circuit court granted defendant’s petition. A divided panel of the appellate court reversed. 269 Ill. App. 3d 962. This…