PEOPLE v. MOORE

No. 5-87-0687.

184 Ill. App.3d 102 (1989)

539 N.E.2d 1380

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

Appellate Court of Illinois — Fifth District.

Opinion filed June 16, 1989.


Attorney(s) appearing for the Case

John Baricevic, State's Attorney, of Belleville (Kenneth R. Boyle, Stephen E. Norris, and Raymond F. Buckley, Jr., all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Christopher Cueto and Kathleen A. Moore, both of Cueto, Daley, Williams, Moore & Cueto, Ltd., of Belleville, for appellee.


Judgment affirmed.

JUSTICE GOLDENHERSH delivered the opinion of the court:

The People appeal from the order of the circuit court of St. Clair County which suppressed the results of defendant's breath test on the basis of res judicata. On appeal, the only issue presented by the parties is whether a finding of no probable cause to arrest at a summary suspension hearing is determinative of the issue of probable cause to arrest in a criminal prosecution...

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