People v. Lewallen

Defendant appeals from an order of the circuit court of Cook County denying his petition to rescind the statutory summary suspension of his driving privileges. He maintains that because the arresting officer did not physically issue him a citation for driving under the influence (DUI) before requesting that he submit to a chemical test to determine intoxication, the court’s order should be reversed and an order of rescission entered.

At issue is that section of the Illinois Vehicle Code (Ill. Rev. Stat. 1989, ch. 951/2, par. 1—100 et seq.) (Code) which provides in pertinent part:

“(a) Any…