People v. Vinson

A petition to rescind a statutory summary suspension was filed by defendant and was granted after hearing. (111. Rev. Stat. 1987, ch. 951/2, pars. 2 — 118.1(a), (b).) The De Witt County circuit court held defendant did not refuse to submit to or complete the breathalyzer test where the State failed to provide an explanation of “deficient air sample.” The State appeals the rescission, contending defendant’s failure to produce a valid reading constituted a refusal to take the breathalyzer test. We agree and reverse.

On March 29, 1988, Clinton police officer Paul McCartney stopped the defendant…