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PEOPLE v. KUHN

No. 66308.

126 Ill.2d 202 (1988)

533 N.E.2d 909

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. THEODORE E. KUHN, Appellee.

Supreme Court of Illinois.

Opinion filed December 21, 1988.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield (Shawn W. Denney, Solicitor General, and Terence M. Madsen and Douglas K. Smith, Assistant Attorneys General, of counsel), for the People.

Randall J. Yorke, of Wheaton, for appellee.

Reversed and remanded.

CHIEF JUSTICE MORAN delivered the opinion of the court:

Defendant, Theodore E. Kuhn, was charged by complaint in the circuit court of Du Page County with three misdemeanor offenses. Count I charged defendant with driving under the influence of alcohol (DUI) in violation of section 11-501(a)(2) of the Illinois Vehicle Code (Code) (Ill. Rev. Stat. 1987, ch. 95 1/2, par. 11-501(a)(2)). Count II charged defendant with operating a motor vehicle...

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