People v. Moore

The People appeal from the order of the circuit court of St. Clair County which suppressed the results of defendant’s breath test on the basis of res judicata. On appeal, the only issue presented by the parties is whether a finding of no probable cause to arrest at a summary suspension hearing is determinative of the issue of probable cause to arrest in a criminal prosecution for the offense of driving while intoxicated.

On February 6, 1987, defendant was arrested for driving under the influence of alcohol and/or drugs (Ill. Rev. Stat. 1987, ch. 95½, par. 11 — 501(a)(4)). On June 26, 1987,…