People v. Holmes

PRESIDING JUSTICE SLATER

delivered the opinion of the court:

Petitioner, David Holmes, appeals from an order of the circuit court denying his request for a hearing on his petition to rescind the statutory summary suspension of his driver’s license. On appeal, petitioner contends that the trial court erred in determining that his petition to rescind was untimely. We reverse and remand.

On April 1, 1989, petitioner was arrested and charged with driving under the influence of alcohol (DUI) in violation of section 11—501 of the Illinois Vehicle Code (the Code) (Ill. Rev. Stat. 1989, ch. 95½, par.…