People v. Wood

              No. 2--07--0270 Filed: 2-13-08
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of De Kalb County.
)
Plaintiff-Appellant, ))
v. ) Nos. 06--DT--917
) 06--TR--24714
)
TRAVIS J. WOOD, ) Honorable
) William P. Brady,
Defendant-Appellee. ) Judge, Presiding.
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JUSTICE GILLERAN JOHNSON delivered the opinion of the court:
Following a traffic stop, the defendant, Travis J. Wood, was charged by complaint in the
circuit court of De Kalb County with driving under the influence of alcohol (DUI) (625 ILCS
5/11--501(a)(2) (West 2006)). He was also notified of the statutory summary suspension of his
driving privileges. The defendant petitioned for the rescission of the suspension and moved to quash
his arrest and suppress evidence. Concluding that the traffic stop was invalid, the trial court
rescinded the suspension and granted the defendant's motion to quash and suppress. The State
appeals. We reverse and remand.
The rescission petition and the motion to quash and suppress were heard together. At the
hearing, the defendant testified that in the early morning hours of December 29, 2006, he drove past
his girlfriend's home in Waterman. The defendant's girlfriend had been working late and he was