People v. Kavanaugh

Defendant, David L. Kavanaugh, was charged by citation with driving under the influence (DUI) (625 ILCS 5/11 — 501(a)(2) (West 2002)) and illegal transportation of alcohol (625 ILCS 5/11 — 502(a) (West 2002)). Pursuant to section 11 — 501.1 of the Illinois Vehicle Code (Vehicle Code) (625 ILCS 5/11 — 501.1 (West 2002)), defendant was given a notice of statutory suspension because he refused to submit to or failed to complete testing. The trial court granted defendant’s amended petition to rescind the statutory summary suspension. On appeal, the State argues the court erred in rescinding…