People v. Orth

This is an appeal from the judgment of the circuit court of Henderson County granting defendant’s motion to rescind the statutory summary suspension of his driver’s license. The State contends that sufficient evidence existed to uphold the statutory summary suspension and that the trial court erroneously rescinded the suspension.

On January 12, 1986, Officer Myers arrested the defendant, Jerry Orth, for driving under the influence (DUI) and gave him the requisite statutory warnings. After the officer transported Orth to the Henderson County jail, he again read Orth the warnings and gave him a…