People v. Malloy

I dissent. An examination of the statutory scheme shows clearly that neither the Secretary of State nor the licensee should have any right of appeal from the decision of the circuit court in a proceeding under section 11 — 501.1(d) (Ill. Rev. Stat. 1977, ch. 9514, par. 11 — 501.1(d)).

Section 11 — 501(c) (Ill. Rev. Stat. 1977, ch. 9514, par. 11 — 501(c)) provides that the presence, at the time of the test, of stated percentages of alcohol in the individual’s blood gives rise to certain presumptions concerning his state of intoxication. Regardless of the presumption of sobriety or intoxication,…