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Village of Mundelein v. Marcis

Case Date: 05/14/2004
Court: 2nd District Appellate
Docket No: 2-03-0661 Rel

No. 2--03--0661

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

THE VILLAGE OF MUNDELEIN,

          Plaintiff-Appellant,

v.

JEANNE MARCIS,

          Defendant-Appellee.

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)		 Appeal from the Circuit Court
of Lake County.


No. 03--DT--1127

Honorable
John T. Phillips,
Judge, Presiding.

JUSTICE BOWMAN delivered the opinion of the court:

Defendant, Jeanne Marcis, was arrested for driving under the influence of alcohol (DUI) (625ILCS 5/11--501(a)(2) (West 2002)), and her driving privileges were summarily suspended (see 625ILCS 5/11--501.1 (West 2002)). Defendant petitioned to rescind the summary suspension, arguingthat she was improperly stopped. The trial court granted the petition, and the Village of Mundelein(the Village) appeals pursuant to Supreme Court Rule 303 (155 Ill. 2d R. 303). See Village ofMundelein v. Thompson, 341 Ill. App. 3d 842, 847 (2003) (a trial court's decision to grant or denya petition to rescind a summary suspension is treated as a final order in a civil matter which isappealable under Rule 303). We reverse.

Defendant's only witness at the hearing on the petition was Officer John Sturlini of theMundelein police department, who testified as follows. On March 8, 2003, at about 3:13 a.m., heobserved defendant's vehicle ahead of him and followed it at a distance of 1 to 1