People v. Ieva Aleliumaite

              No. 2--06--1279 Filed: 3-12-08
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Du Page County.
)
Plaintiff-Appellee, ))
v. ) No. 06--DT--5045
)
IEVA ALELIUNAITE, ) Honorable
) John J. Kinsella,
Defendant-Appellant. ) Judge, Presiding.
______________________________________________________________________________
JUSTICE GROMETER delivered the opinion of the court:
Defendant, Ieva Aleliunaite, appeals from the denial of her petition to rescind the summary
suspension of her driving privileges (see 625 ILCS 5/11--501.1 (West 2006)). She argues that the
State failed to rebut her prima facie case, because it did not move for admission of her Breathalyzer
results. We reverse.
BACKGROUND
Defendant's driving privileges were summarily suspended on the basis that, after being
arrested on October 29, 2006, by a Village of Darien police officer for driving under the influence
of alcohol (DUI), she submitted to testing at the Village of Willowbrook police department that
revealed a blood-alcohol concentration of 0.118. 625 ILCS 5/11--501(a)(1), (a)(2) (West 2006).
On November 7, 2006, defendant petitioned for a rescission of the summary suspension. She
also filed a motion for discovery seeking, inter alia, "[c]opies of any Alcohol Influence Reports,