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PEOPLE v. FOSTER

No. 2-87-0836.

170 Ill. App.3d 306 (1988)

524 N.E.2d 681

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

Appellate Court of Illinois — Second District.

Opinion filed May 26, 1988.

Attorney(s) appearing for the Case

James E. Ryan, State's Attorney, of Wheaton (Barbara A. Preiner, Assistant State's Attorney, and William L. Browers, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

No brief filed for appellee.

Reversed and remanded.

JUSTICE INGLIS delivered the opinion of the court:

The State has appealed contending that the trial judge erred in suppressing the results of a breathalyzer test. We reverse.

Defendant was arrested for driving while under the influence of alcohol in violation of sections 11-501(a)(1) and (a)(2) of the Illinois Vehicle Code (Code) (Ill. Rev. Stat. 1985, ch. 95 1/2, pars. 11-501(a)(1), (a)(2)). Defendant has not responded to the...

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