People v. Ziltz

Defendant, David Ziltz, was arrested on May 16, 1982, and charged with operating a motor vehicle with a blood alcohol concentration in excess of 0.10, a statutory offense in Illinois (Ill. Rev. Stat. 1981, ch. 95½, par. 11 — 501(a)(1)). A second count charged the defendant with driving under the influence of alcohol (Ill. Rev. Stat. 1981, ch. 95½, par. 11 — 501(a)(2)). On September 21, 1982, the defendant filed a motion to dismiss count I on the grounds that the statute is unconstitutional because it calls for a presumption of guilt on the part of the defendant. The circuit court of Du Page…