March 2, 2001
No. 2--00--0105
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
| THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. MARK C. RUSH III, Defendant-Appellee. | ) ) ) ) ) ) ) ) ) ) | Appeal from the Circuit Court of Ogle County. Nos. 99--DT--199 99--TR--7096 99--TR--7097 Honorable Michael T. Mallon, Judge, Presiding. |
JUSTICE RAPP delivered the opinion of the court:
Defendant, Mark C. Rush III, was arrested and charged with driving under the influence of alcohol (DUI) (625 ILCS 5/11--501(a)(2) (West 1998)) and driving with an alcohol concentration of 0.08 or more (625 ILCS 5/11--501(a)(1) (West 1998)). In addition, he was given notice that his driving privileges would be summarily suspended. See 625 ILCS 5/11--501.1(West 1998). He moved to suppress the State's evidence, arguing that he was stopped and arrested in violation of the fourthamendment (U.S. Const., amend. IV). He also petitioned to rescind the summary suspension, contending that the arrestingofficer lacked "reasonable grounds" to believe that he was driving under the influence of alcohol. See 625 ILCS 5/2--118.1(b) (West 1998). The trial court granted both the motion and the petition, and the State appeals, asserting that the stopand arrest were valid. We reverse and remand.
Following a traffic stop, Brian Ketter, an Ogle County deputy sheriff, arrested defendant for DUI. He ticketed defendantfor DUI, transporting alcohol illegally (625 ILCS 5/11--502(a) (West 1998)), and driving in the wrong lane (625 ILCS5/11--701(a) (West 1998)). Defendant submitted to a chemical test that revealed an alcohol concentration of 0.11. As aresult, he received the notice of summary suspension. Ketter stated on the notice that he had "reasonable grounds" to arrestdefendant for DUI. Ketter explained:
"Rush was observed crossing center line once and fog line once. Rush had bloodshot eyes, slurred speech, strong odor ofalcohol and admitted consuming alcohol. Rush failed all field sobriety tests."
At a hearing, the trial court first took up defendant's motion to suppress. Defendant testified that, on October 24, 1999,about 1:30 a.m., he was driving alone in his Dodge pickup truck. He noticed that a vehicle was following him "veryclosely." The vehicle "made [him] a little nervous so [he] kept an eye on it." After following him for about 4