Legal Opinion · Dissent

People v. Brodeur

Appellate Court of Illinois

Decided October 19, 1989No. 2—88—0807, 2—88—1117 consPublished

1DissentJustice McLaren

In my opinion the majority has either reduced probable cause to a mere suspicion or has disregarded the “U” in DUI. Two trial court judges found no probable cause as to the motion to quash arrest and no reasonable grounds as to the motion to rescind the summary suspension, respectively.

In People v. Bafia (1983), 112 Ill. App. 3d 710, 716, this court discussed the phrase “reasonable grounds” as contained in the Illinois implied consent law and stated:

“ ‘Reasonable grounds’ and ‘probable cause’ for purposes of arrest are synonymous [citations] and is [sic] present where the facts and…

2Cases cited18 opinions

  1. Carroll v. United StatesSupreme Court of the United States · 1925
  2. Brinegar v. United StatesSupreme Court of the United States · 1949
  3. In Re Summary Suspension of Driver's License of TrainorAppellate Court of Illinois · 1987
  4. Osborn v. LeuffgenIllinois Supreme Court · 1942
  5. The PEOPLE v. JonesIllinois Supreme Court · 1959

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