NO. 4-06-0243 Filed 4/19/07
IN THE APPELLATE COURT
THE PEOPLE OF THE STATE OF ILLINOIS,
Circuit Court of
Tim P. Olson,
PRESIDING JUSTICE STEIGMANN delivered the opinion of
In January 2006, defendant, Richard Shafer, was ar-rested
for driving under the influence of alcohol (DUI) (625 ILCS
5/11-501(a)(2) (West 2004)). Because defendant refused to take a
breath test, his driving privileges were summarily suspended by
the Secretary of State, pursuant to sections 11-501.1 and 6-
208.1(a)(1) of the Illinois Vehicle Code (625 ILCS 5/11-501.1, 6-
208.1(a)(1) (West 2004)).
In February 2006, defendant filed a petition to rescind
the statutory summary suspension of his driver's license.
Following a March 2006 evidentiary hearing, the trial court
denied defendant's petition.
Defendant appeals, arguing that the trial court erred
by denying his petition because the police officer who arrested
him did not have a reasonable, articulable suspicion to justify a