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PEOPLE v. MUCHA

No. 84-0596.

140 Ill. App.3d 788 (1986)

488 N.E.2d 1385

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JEANNETTE L. MUCHA, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed January 31, 1986.

Attorney(s) appearing for the Case

Aldo E. Botti, Frank J. DeSalvo, and John N. Pieper, all of Botti, Marinaccio, DeSalvo & Pieper, of Oak Brook, for appellant.

James Ryan, State's Attorney, of Wheaton (Phyllis J. Perko and Sally A. Swiss, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed.

JUSTICE SCHNAKE delivered the opinion of the court:

Following a hearing conducted pursuant to the Illinois implied-consent statute (Ill. Rev. Stat. 1983, ch. 95 1/2, par. 11-501.1), the trial court found that the State had met its burden on the issues required to be proved under that law. Defendant, Jeannette Mucha, appeals, contending (1) that she should not be deemed to have "refused to submit" to a breathalyzer test because her refusal...

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