People v. Blythe

On January 23, 1986, the defendant was charged by citation complaint with driving under the influence of alcohol. Subsequently, a sworn report and notice of summary suspension were filed on March 5, 1986. The defendant filed a petition to rescind the suspension on March 17, 1986, and on May 27, 1986, the trial court found that the State had the burden of proceeding and the burden of proof at the rescission hearing, that the State had not met the burden, and granted the defendant’s petition to rescind the summary suspension. The State .appeals, asserting that the trial court was incorrect in…