People v. Kirby

On September 2, 1985, a McLean County sheriffs deputy arrested the defendant for driving a motorcycle while under the influence of alcohol. Following a hearing to determine whether the defendant’s driver’s license should be suspended for refusing to undergo a breath test for intoxication, the circuit court found for the defendant. The State appeals. We reverse.

The parties obtained a bystander’s report of proceedings (87 111. 2d R. 323(c)), which summarizes the testimony at the implied-consent hearing. The record indicates that the defendant was found lying in a roadway near an overturned…