CITY OF HIGHLAND PARK v. DIDENKO

No. 2-94-1354.

653 N.E.2d 1378 (1995)

274 Ill.App.3d 24

210 Ill.Dec. 916

The CITY OF HIGHLAND PARK, Plaintiff-Appellee, v. Yevgeniy DIDENKO, Defendant-Appellant.

Appellate Court of Illinois, Second District.

August 4, 1995.


Attorney(s) appearing for the Case

J.D. Obenberger, Chicago, for Yevgeniy Didenko.

Michael J. Waller, Lake County State's Atty., Waukegan, for People.

Suzanne A. Lindsay, Charles W. Smith, Rosing, Smith, Ericksen, Zeit & Stanczak, Ltd., Waukegan, for City of Highland Park.


Justice COLWELL delivered the opinion of the court:

Defendant, Yevgeniy Didenko, appeals the trial court's order denying his petition to rescind the summary suspension of his driver's license (see 625 ILCS 5/2-118.1(b) (West 1994)). The question for review is whether the trial court erred in ruling that the arresting officer's failure to give the required warning about refusal to submit to breath testing was excused by defendant's combativeness. We reverse.

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