City of Naperville v. Morgan

The city of Naperville appeals from an order granting defendant George Morgan’s motion to quash his arrest and dismissing Naperville’s complaint against him for a violation of its ordinance prohibiting driving while intoxicated (DWI).

The issue before us is whether a finding by the trial court of no probable cause to arrest defendant for DWI in an implied consent proceeding entered upon the stipulation of the State’s Attorney on behalf of the State collaterally estops the city of Naperville from thereafter prosecuting defendant under its ordinance for the same DWI violation.

The record reveals…