People v. Bertsch

Pursuant to Supreme Court Rule 604(a) (107 Ill. 2d R. 604(a)), the State appeals from an order rescinding the summary suspension of the driver’s license of defendant, Thomas Bertsch. On appeal, the State contends that the officer who administered defendant’s breath test properly complied with the 20-minute observation period prior to testing as required by the regulations of the Department of Public Health. We disagree and affirm.

As the parties are well familiar with the facts, we shall recite only those facts essential to the disposition of this appeal. At the hearing on defendant’s petition…