People v. Brown

PRESIDING JUSTICE

LINDBERG delivered the opinion of the court:

Defendant, Randy L. Brown, was charged with driving under the influence of alcohol (Ill. Rev. Stat. 1985, ch. 95½, par. 11—501(a)(2)) and driving with a blood-alcohol concentration greater than .10 (Ill. Rev. Stat. 1985, ch. 95½, par. 11—501(a)(1)). Defendant’s motion to suppress the admission into evidence of the results of the breathalyzer test was granted on the ground that defendant’s consent to take the test was not voluntary.

Defendant had been found asleep in his vehicle and was arrested while on private property, a shopping…