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PEOPLE v. KISS

No. 5-83-0246.

122 Ill. App.3d 1056 (1984)

462 N.E.2d 546

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. JERRY A. KISS, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

Opinion filed March 2, 1984.

Attorney(s) appearing for the Case

John R. Clemons, State's Attorney, of Murphysboro (Stephen E. Norris and Raymond F. Buckley, Jr., both of State's Attorneys Appellate Service Commission, of counsel), for the People.

No brief filed for appellee.

Reversed and remanded.

JUSTICE JONES delivered the opinion of the court:

This case involves a State appeal following an implied consent hearing in which the trial court refused to suspend the defendant's driver's license for failure to submit to a breath test as requested. The basis of the trial court's ruling was that since the applicable statute (Ill. Rev. Stat. 1981, ch. 95 1/2, par. 11-501) permits the chemical analysis of both blood and urine, in addition...

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