People v. Montelongo

Defendant was arrested and charged with driving while under the influence of alcohol after he backed up and hit another car in a private parking lot. At his request, a hearing on the issue of implied consent was conducted in the circuit court of Cook County. In that proceeding the court determined that the area where the incident occurred was encompassed within the terms of the implied-consent statute, then entered a finding of probable cause, which subjected defendant to the suspension of his driving privileges. (Ill. Rev. Stat. 1983, ch. 95½, par. 11 — 501(c).) Following that determination,…