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PEOPLE v. ZILTZ

No. 57428.

98 Ill.2d 38 (1983)

455 N.E.2d 70

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. DAVID C. ZILTZ, Appellee.

Supreme Court of Illinois.

Opinion filed October 4, 1983.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield (Michael B. Weinstein, Darrell Panethiere, and Jack Donatelli, Assistant Attorneys General), of Chicago, for the People.

John F. Donahue, of Oak Brook, and George Bakalis, of Civinelli, Bakalis & Culliton, of Bloomingdale, for appellee.

Reversed and remanded.

JUSTICE CLARK delivered the opinion of the court:

Defendant, David Ziltz, was arrested on May 16, 1982, and charged with operating a motor vehicle with a blood alcohol concentration in excess of 0.10, a statutory offense in Illinois (Ill. Rev. Stat. 1981, ch. 95 1/2, par. 11-501(a)(1)). A second count charged the defendant with driving under the influence of alcohol (Ill. Rev. Stat. 1981, ch. 95 1/2, par. 11-501(a)(2)). On September...

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