People v. Grabeck, 2011 IL App (2d) 100599

Defendant Grabeck was DUI arrestee; arrest occurred December 21, 2009.
Sworn Report filed with the Secretary of State alleged Notice of Summary Suspension was given March 12, 2010.
Sworn Report failed to indicate the manner of notice (personal vs. by mail) despite boxes for this information.
Secretary later sent Confirmation of Statutory Summary Suspension indicating suspension beginning April 27, 2010.
Defendant petitioned to rescind; State sought to amend the Sworn Report to show notice by mail, trial court denied.
Court held that lack of a notice-manner notation did not mandate rescission; reversed and remanded.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether rescission is required when Sworn Report omits notice manner	Grabeck argues defect in notice-manner warrants rescission.	People contends safe processing despite missing manner box; Donnelly controls.	No rescission required; defect not fatal.
Whether trial court erred in denying amendment to reflect mailing notice	State contends amendment necessary to correct defect and align with Rule 12.	Defendant asserts due process; secretary could be misled without amendment.	Not addressed on the merits; remanded for proceedings consistent with this opinion.

People v. Donnelly, 327 Ill. App. 3d 1101 (2002) (Sworn Report defect not fatal when date of notice is stated)
People v. Palacios, 266 Ill. App. 3d 341 (1994) (sworn report failure to indicate service method may warrant rescission)
People v. Lent, 276 Ill. App. 3d 80 (1995) (scopes of rescission hearing; list of defects)
People v. Osborn, 184 Ill. App. 3d 728 (1989) (rescission when notice not served)
People v. Jordan, 336 Ill. App. 3d 288 (2003) (calculation of suspension start date when notice by mail)
In re J.L., 236 Ill. 2d 329 (2010) (statutory construction rules; de novo review)
McClain, 128 Ill. 2d 500 (1989) (Sworn Report function analog to civil complaint)
Bywater, 223 Ill. 2d 477 (2006) (Rule 12 timing; mail service presumptions)