People v. Johnson

PRESIDING JUSTICE HEIPLE

delivered the opinion of the court:

The petitioner, Robert A. Johnson, filed a petition to rescind the statutory summary suspension of his driver’s license. The trial court granted his petition, and the State appeals. We affirm.

The record reveals that on October 14, 1989, the petitioner was issued a citation for driving under the influence of alcohol (Ill. Rev. Stat. 1989, ch. 95½, par. 11—501(a)(2)). He was also served with a notice of summary suspension based upon his refusal to submit to a breathalyzer test (Ill. Rev. Stat. 1989, ch. 95½, par. 11—501.1). On November…