People v. Babych

The State appeals from the finding by the circuit court of Du Page County of no probable cause after an implied-consent hearing requested by defendant, Walter J. Babych.

Defendant was arrested on November 22, 1981, for the offenses of driving while under the influence of intoxicating liquor (Ill. Rev. Stat. 1979, ch. 95%, par. 11 — 501(a)) and improper lane usage (Ill. Rev. Stat. 1979, ch. 95%, par. 11 — 709). He was taken to the police station in the village of Itasca where he refused to take a breathalyzer test when requested by the officer under the provisions of section 11 — 501.1 of the…