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PEOPLE v. WAGNER

No. 84-2384.

152 Ill. App.3d 34 (1987)

504 N.E.2d 121

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. THOMAS WAGNER, Defendant-Appellee.

Appellate Court of Illinois — First District (1st Division).

Opinion filed January 20, 1987.

Attorney(s) appearing for the Case

Richard M. Daley, State's Attorney, of Chicago (Joan S. Cherry, Peter D. Fischer, and Dana Crowley, Assistant State's Attorneys, of counsel), for the People.

No brief filed for appellee.

Reversed and remanded.

JUSTICE O'CONNOR delivered the opinion of the court:

The State appeals from the trial court's order following an implied-consent hearing held pursuant to section 11-501.1 of the Illinois Vehicle Code (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 11-501.1). The trial court found that there was no probable cause to believe that defendant was driving while intoxicated. On appeal, the State contends that the trial court's finding of no probable...

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