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PEOPLE v. BATCHELDER

No. 81-577.

107 Ill. App.3d 81 (1982)

437 N.E.2d 364

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. MILTON D. BATCHELDER, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed June 16, 1982.

Attorney(s) appearing for the Case

Gary L. Morris, Assistant Corporation Counsel, of Peoria, for appellant.

No brief filed for appellee.

Judgment affirmed.

JUSTICE HEIPLE delivered the opinion of the court:

This cause involves the implied consent hearing held to determine whether Milton D. Batchelder's driver's license should be suspended for refusing to submit to a breathalyzer test following his arrest for driving while under the influence of alcohol. The trial court granted Batchelder's motion to dismiss on the grounds that the affidavit of the arresting officer was insufficient to comply...

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