People v. Kuntz

Defendant Donald Kuntz was arrested on March 5, 1992, and charged with improper lane usage and driving under the influence of alcohol. Defendant submitted to a breathalyzer test which indicated a blood-alcohol concentration of 0.23 and his driver’s license was summarily suspended (see Ill. Rev. Stat. 1991, ch. 95½, pars. 11—501.1(d), (e)). Defendant filed a petition to rescind the summary suspension (see Ill. Rev. Stat. 1991, ch. 95½, par. 2—118.1) which was denied. Defendant appeals from the denial of his petition, contending that: (1) the trial court abused its discretion in sua sponte…