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PEOPLE v. POLK

No. 82-850.

115 Ill. App.3d 1011 (1983)

451 N.E.2d 579

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. STEVE POLK, JR., Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed June 30, 1983.

Attorney(s) appearing for the Case

Gary L. Morris, Assistant Corporation Counsel, of Peoria, for the People.

Michael W. Heller, of Peoria, for appellee.

Reversed and remanded.

PRESIDING JUSTICE STOUDER delivered the opinion of the court:

The defendant-appellee, Steve Polk, Jr., was arrested on July 8, 1982, in Peoria, Illinois, for driving while under the influence of alcohol, driving while license suspended and speeding. He was taken to St. Francis Hospital where a blood alcohol test was performed. Because the defendant was in a state of shock, no oral or written consent to the blood test was obtained from...

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