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PEOPLE v. HUTCHINSON

No. 84-2352.

141 Ill. App.3d 1086 (1986)

491 N.E.2d 173

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. ROBERT H. HUTCHINSON, Defendant-Appellee.

Appellate Court of Illinois — First District (1st Division).

Opinion filed March 24, 1986.

Attorney(s) appearing for the Case

Richard M. Daley, State's Attorney, of Chicago (Joan S. Cherry and Sharon Johnson Coleman, Assistant State's Attorneys, of counsel), for the People.

John R. O'Brien, of Chicago, for appellee.

Reversed and remanded.

JUSTICE QUINLAN delivered the opinion of the court:

Defendant, Robert H. Hutchinson, was arrested for driving under the influence of alcohol. After an implied-consent hearing, the trial court found that because the State failed to prove that defendant knowingly and intelligently refused to take the breathalyzer test, there was "no probable cause" established. On appeal, the State contends that the trial court's finding of no probable...

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