People v. Hans Bank

Defendant, Hans Bank, appeals from the trial court’s denial of his petition for rescission of his statutory summary suspension, alleging that the trial court’s finding that his physical inability to perform the breathalyzer test was tantamount to a refusal was against the manifest weight of the evidence, and that the State failed to present evidence justifying suspension after defendant established his prima facie case. We affirm.

Defendant was arrested for driving under the influence of alcohol and for speeding on June 11, 1992. He was asked to come to the Carbondale police station to take a…