People v. Rolfingsmeyer

On November 14, 1982, defendant, Gary Rolfingsmeyer, was arrested and charged with driving under the influence of alcohol (Ill. Rev. Stat., 1982 Supp., ch. 951/2, par. 11 — 501(a)(2)). At the police station, the “Implied Consent Warning” (Ill. Rev. Stat., 1982 Supp., ch. 953/2, par. 11 — 501.1(c)), which warns a driver that a refusal to submit to a so-called breath test will result in a six-month suspension of his motor vehicle driver’s license, was read to him. The police officer then asked him to take the test, and he refused.

On December 8, 1982, the defendant filed a motion attacking the…