People v. Horberg

The defendant was issued a traffic citation on June 5, 1983, for “driving under the influence.” He was requested to submit to a chemical test and he refused to do so. On June 28, 1983, the defendant filed a petition requesting a hearing on whether his driver’s license should be suspended pursuant to section 11 — 501.1 of the Illinois Vehicle Code (Ill. Rev. Stat. 1981, ch. 95 1/2, par. 11 — 501.1). An implied consent hearing was subsequently scheduled for August 22, 1983. On that date the defendant filed a motion to dismiss or in the alternative for a directed finding. At the hearing, the…