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PEOPLE v. GRAZIANO

No. 2-85-0851.

151 Ill. App.3d 475 (1986)

502 N.E.2d 822

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MICHAEL GRAZIANO, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed December 31, 1986.

Attorney(s) appearing for the Case

Douglas P. Trent and Joseph A. Ricely, both of Law Offices of Trent, Levato & Kotche, of Wheaton, for appellant.

James E. Ryan, State's Attorney, of Wheaton, and Ronald S. Shapiro, of Northbrook (Kenneth R. Boyle and William L. Browers, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Judgment affirmed.

PRESIDING JUSTICE NASH delivered the opinion of the court:

The defendant, Michael Graziano, appeals from a finding of probable cause by the circuit court of Du Page County at an implied-consent hearing. He contends that: (1) the trial court erred in finding probable cause; (2) he had a statutory right to consult with an attorney prior to deciding whether to take a breathalyzer examination; and (3) the officer's failure to allow defendant...

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