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PEOPLE v. ORTH

No. 64931.

124 Ill.2d 326 (1988)

530 N.E.2d 210

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. JERRY ORTH, Appellee.

Supreme Court of Illinois.

Opinion filed September 29, 1988.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and Stephen Reed, State's Attorney, of Oquawka (Shawn W. Denney, Solicitor General, and Terence M. Madsen and Brett D. Heinrich, Assistant Attorneys General, of Chicago, and Kenneth R. Boyle, John X. Breslin and Gary F. Gnidovec, of the State's Attorneys Appellate Prosecutor, of Ottawa, of counsel), for the People.

Stephen Landuyt, of Monmouth, for appellee.

Appellate court reversed; circuit court reversed; cause remanded; summary suspension reinstated.

JUSTICE CLARK delivered the opinion of the court:

The principal question posed in this appeal is whether a driver who suffers the summary suspension of his license has the burden of proving that the suspension should be rescinded. The answer to this question is yes.

In the circuit court of Henderson County, the...

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