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PEOPLE v. SHORKEY

No. 59357.

23 Ill. App.3d 662 (1974)

321 N.E.2d 46

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. GERALD A. SHORKEY, Defendant-Appellee.

Appellate Court of Illinois — First District (3rd Division).

October 3, 1974.

Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Dorothy Johnson and Kenneth L. Gillis, Assistant State's Attorneys, of counsel), for the People.

Patrick A. Tuite and Steven Walanka, both of Chicago, for appellee.

Reversed and remanded.

Mr. JUSTICE DEMPSEY delivered the opinion of the court:

Gerald Shorkey was arrested in the early morning of March 4, 1973, for driving a motor vehicle while under the influence of alcoholic beverages. He was taken to a police station and was asked it he would submit to a chemical breath analysis. He refused. The arresting officer made out a ticket charging Shorkey with the drunken driving...

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