People v. Gaddi

After the defendant was arrested for driving under the influence of alcohol, the trial judge granted his motion to dismiss the report of his refusal to take a breathalyzer test. The State now appeals that determination, asserting that the trial judge erred both in finding that the defendant was entitled to consult with an attorney before deciding whether to submit to a breathalyzer test, and in finding that there was not probable cause to stop the defendant initially. The defendant denies these claims, and also responds that where the arresting police officer failed to file the statutorily…