People v. Wierman

Defendant was ticketed for driving under the influence of intoxicating liquor on August 6,1981. The arresting officer filed an affidavit and report with the circuit clerk on August 7, 1981, detailing defendant’s refusal to submit to a breath test. Defendant filed a petition for a hearing, as allowed by statute.

The hearing was held on October 26, 1981. The only witness called by either party was the arresting officer, Mark Finley. A summary of Officer Finley’s testimony is presented below.

On August 6, 1981, at approximately 12 a.m., Officer Finley was on patrol on Lincoln Avenue at Fourth…