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PEOPLE v. MONTELONGO

No. 85-3710.

152 Ill. App.3d 518 (1987)

504 N.E.2d 936

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RAMON MONTELONGO, Defendant-Appellant.

Appellate Court of Illinois — First District (5th Division).

Opinion filed February 13, 1987.

Attorney(s) appearing for the Case

Robert L. Rascia, of DeJohn & Associates, of Chicago, for appellant.

Richard M. Daley, State's Attorney, of Chicago (Thomas V. Gainer, Jr., and Sharon L. Gaull, Assistant State's Attorneys, of counsel), for the People.

Judgment reversed.

JUSTICE PINCHAM delivered the opinion of the court:

Defendant was arrested and charged with driving while under the influence of alcohol after he backed up and hit another car in a private parking lot. At his request, a hearing on the issue of implied consent was conducted in the circuit court of Cook County. In that proceeding the court determined that the area where the incident occurred was encompassed within the terms of the implied...

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