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CITY OF NAPERVILLE v. MORGAN

No. 2-83-1014.

126 Ill. App.3d 91 (1984)

466 N.E.2d 1349

THE CITY OF NAPERVILLE, Plaintiff-Appellant, v. GEORGE MORGAN, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed July 26, 1984.

Attorney(s) appearing for the Case

Francis J. Cuneo, Jr., of Naperville, and Robert P. Sheridan, of Chicago, for appellant.

Norman H. Lehrer, of Lehrer & Flaherty, of Wheaton, for appellee.

Reversed and remanded.

JUSTICE REINHARD delivered the opinion of the court:

The city of Naperville appeals from an order granting defendant George Morgan's motion to quash his arrest and dismissing Naperville's complaint against him for a violation of its ordinance prohibiting driving while intoxicated (DWI).

The issue before us is whether a finding by the trial court of no probable cause to arrest defendant...

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