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PEOPLE v. BARRY

No. 84-535.

134 Ill. App.3d 494 (1985)

481 N.E.2d 19

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

Appellate Court of Illinois — First District (4th Division).

Opinion filed June 27, 1985.

Attorney(s) appearing for the Case

Richard M. Daley, State's Attorney, of Chicago (Michael E. Shabat, Kevin Sweeney, and C. Jeffrey Thut, Assistant State's Attorneys, of counsel), for the People.

John T. Doody, of Homewood, for appellee.

Reversed and remanded.

JUSTICE LINN delivered the opinion of the court:

The defendant, James Barry, was arrested by the police and charged with driving while under the influence of alcohol. Thereafter, defendant refused to submit to a chemical test to determine the alcohol level in his blood. Because of the refusal, the arresting officer completed the required report of refusal to submit. Defendant pleaded guilty to the underlying charge of driving while under...

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