People v. Malloy

This appeal presents solely a question of statutory construction. The facts are not controverted.

On December 9, 1977, defendant was arrested by an Illinois State police officer for driving while intoxicated. Defendant refused to take the test required by the statute (Ill. Rev. Stat. 1977, ch. 95%, par. 11 — 501.1) (herein implied-consent law), and thereafter filed a request for hearing as provided in the same statute. At the hearing in the circuit court of Moultrie County, the trial court dismissed the case on defendant’s motion, for reasons hereinafter explained, and the State appealed to…