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PEOPLE v. PORRETTA

No. 2-83-0759.

127 Ill. App.3d 572 (1984)

469 N.E.2d 314

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. JAMES R. PORRETTA, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed September 18, 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.

Anthony M. Montemurro, of DiNatale & Montemurro, of Oak Park, for appellee.

Reversed and remanded.

JUSTICE REINHARD delivered the opinion of the court:

The State appeals a finding of "no probable cause" by the trial court in an "implied-consent" hearing held pursuant to section 11-501.1(c) of the Illinois Vehicle Code (Ill. Rev. Stat. 1983, ch. 95 1/2, par. 11-501.1(c)) following the arrest of defendant, James R. Porretta, for driving while under the influence of alcohol (DUI) under a city of Naperville ordinance.

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