PEOPLE v. FOSTER

No. 3-85-0202.

138 Ill. App.3d 44 (1985)

485 N.E.2d 603

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JEFFREY W. FOSTER, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed November 14, 1985.


Attorney(s) appearing for the Case

John A. Bernardi, of Bernardi & Bode, of Pekin, for appellant.

Bruce Black, State's Attorney, of Pekin (John X. Breslin and Rita K. Mertel, both of State's Attorneys Appellate Service Commission, of counsel), for the People.


Judgment reversed.

JUSTICE STOUDER delivered the opinion of the court:

Following a bench trial, the defendant, Jeffrey Foster, was convicted of operating a motor vehicle at a time when his blood alcohol level was 0.10 or above. (Ill. Rev. Stat. 1983, ch. 95 1/2, par. 11-501(a)(1).) The defendant argues on appeal that: (1) he was not proved guilty beyond a reasonable doubt; (2) the trial court erred in its interpretation of the charged offense and improperly...

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