People v. Porretta

The State appeals a finding of “no probable cause” by the trial court in an “implied-consent” hearing held pursuant to section 11—501.1(c) of the Illinois Vehicle Code (Ill. Rev. Stat. 1983, ch. 951/2, par. 11—501.1(c)) following the arrest of defendant, James R. Porretta, for driving while under the influence of alcohol (DUI) under a city of Naperville ordinance.

The issue on appeal is whether, upon the trial court’s finding that defendant was incapable of refusing to take a breathalyzer test, the court erred in further determining that the State then should have administered a blood test…