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PEOPLE v. SCHMIDT

No. 72-161.

8 Ill. App.3d 1024 (1972)

291 N.E.2d 225

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. ALICE L. SCHMIDT, Defendant-Appellee.

Appellate Court of Illinois — Second District.

December 27, 1972.

Attorney(s) appearing for the Case

William V. Hopf, State's Attorney, of Wheaton, (Malcolm F. Smith, Assistant State's Attorney, of counsel,) for the People.

Marco & Mannina, of Downers Grove, for appellee.

Reversed and remanded.

Mr. JUSTICE ABRAHAMSON delivered the opinion of the court:

The defendant was arrested for the offense of driving while under the influence of intoxicating liquor in violation of Section 11-501 of the Illinois Vehicle Code. (Ill. Rev. Stat. 1971, ch. 95 1/2, par. 11-501.) During the arrest procedures the arresting officer gave defendant a breathalyzer test, completed the alcoholic influence...

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