Appeal from the Circuit Court of Cook County, Illinois. No. TW483734. The Honorable Susan Kennedy Sullivan, Judge Presiding.
The rescission of the suspension of defendant's driver's license following his arrest for driving under the influence of alcohol was reversed where the rescission was granted based on defendant's allegation that the State failed to comply with his due process rights when the Secretary of State issued the letter confirming the suspension of defendant's license after the suspension had already become effective, since there was no procedural due process deprivation where defendant was provided with notice that his license would be suspended 46 days after the day of his arrest on the day of his arrest in the " Notice of Summary Suspension" and that notice also informed him of the hearing procedure.
For APPELLANT: Alan J. Spellberg, John E. Nowak, Andrea V. Salone, STATE'S ATTORNEY COUNTY OF COOK, Chicago, IL.
PRESIDING JUSTICE FITZGERALD SMITH delivered the judgment of the court, with opinion. Justices Howse and Epstein concurred in the judgment and opinion.
[¶1] The State appeals the trial court's rescission of the summary suspension of defendant Christian Morales' driver's license following his arrest for driving under the influence of alcohol. We reverse.
[¶2] I. BACKGROUND
[¶3] On August 4, 2012, defendant was arrested for driving under the influence of alcohol. According to Chicago police sergeant Zelitzky's sworn report, which is included in the record on appeal, defendant was pulled over failing to stop at a stop sign. When Sergeant Zelitzky approached, he noted that defendant's eyes were glassy and bloodshot, his speech was slurred, he had a " strong odor" of alcoholic beverages on his breath, and was " very excited and combative." Defendant was issued a ticket for not having a valid driver's license, operating an uninsured vehicle, and driving under the influence in violation of section 11-501 of the Illinois Vehicle Code (the Code) (625 ILCS 5/11-501(a)(2) (West 2012)). At that time, defendant was given a copy of Sergeant Zelitzky's sworn report, which noted that defendant's driver's license was not surrendered on the scene because defendant was not carrying a driver's license. The statement, titled " Notice of Summary Suspension," was given to defendant on August 4, 2012. In bold print, it stated:
" The suspension shall take effect on the 46th day following issuance of this notice of summary suspension. Subsequent to an arrest for violating Section 11-501 of the Illinois Vehicle Code, or similar provision of a local ordinance, you are hereby notified that on the date shown above, you were asked to submit to a chemical test(s) to determine the alcohol, other drug(s), intoxicating compound(s), or any combination thereof, content of your breath, blood, or urine and warned of the consequences pursuant to Section 11-501.1 of the Illinois Vehicle Code. You have the right to a hearing to contest your suspension. You must file a petition to rescind your suspension within 90 days of this notice."
[¶4] Additionally, it indicated:
" Because you refused to submit to or failed to complete testing, your driver's license and/or privileges will be suspended for a minimum of 12 ...