People v. Gerke

Petitioner raises two issues in this proceeding dealing with the Illinois statutory summary suspension provision of the Illinois Vehicle Code. The first issue raised by the appellant is whether the statutory summary suspension procedure is violative of the due process clause of the Illinois Constitution (Ill. Const. 1970, art. I, §2) and the fourteenth amendment of the United States Constitution. The second issue is whether a circuit court has discretion to rescind a statutory summary suspension issued by the Secretary of State pursuant to section 11—501.1 of the Illinois Vehicle Code (Ill.…