People v. Kurtz

The State appeals from an order of the circuit court of Du Page County rescinding the summary suspension of defendant’s driving privileges. At issue is whether there was a sufficient factual basis supporting defendant’s inference that the results of his breathalyzer test were inaccurate. We reverse.

On May 30, 1987, defendant, Mitchell Kurtz, was stopped for speeding by Woodridge police officer Frederick Malayter. Malayter detected an odor of alcohol on defendant’s breath and requested defendant to perform field coordination tests. Defendant was subsequently taken to the Woodridge police…