People v. Rathnau

PRESIDING JUSTICE LINN

delivered the opinion of the court:

This appeal arises from an order entered by the circuit court of Cook County following an implied-consent hearing conducted pursuant to section 11 — 501.1 of the Illinois Vehicle Code. (Ill. Rev. Stat. 1983, ch. 95½, par. 11 — 501.1.) At the conclusion of the hearing the trial court, in an exercise of judicial lenity, found that there was no probable cause to arrest defendant for driving under the influence of alcohol. The State appeals, contending that the dismissal of the petition based upon a finding of no probable cause was…