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PEOPLE v. MOURILLON

Nos. 82-850, 82-851 cons.

124 Ill. App.3d 218 (1984)

463 N.E.2d 1337

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. ALLAN MOURILLON, Defendant-Appellee. THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. HOWARD YOUNG, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed May 15, 1984.

Attorney(s) appearing for the Case

J. Michael Fitzsimmons, State's Attorney, of Wheaton (Barbara A. Preiner, Assistant State's Attorney, of counsel), for the People.

Robert P. Sheridan, of Sapoznick, Sheridan & Freidin, of Chicago, Berle L. Schwartz, of Highland Park, and Francis Cuneo, of Naperville, for appellee Howard Young.

No brief filed for appellee Allan Mourillon.

Reversed and remanded.

JUSTICE VAN DEUSEN delivered the opinion of the court:

After being arrested for driving while under the influence of intoxicating liquor, the defendants, Allan Mourillon and Howard Young, refused to submit to testing to determine their blood-alcohol content. The arresting officers filed affidavits with the clerk of the circuit court, which affidavits indicated that defendants had been arrested and refused to take the requested tests...

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