PEOPLE v. DAVIS

No. 1-89-0980.

562 N.E.2d 1152 (1990)

205 Ill. App.3d 431

150 Ill.Dec. 349

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Donald R. DAVIS, II, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

October 23, 1990.


Attorney(s) appearing for the Case

Sidney H. Projansky, Chicago, for defendant-appellant.

Cecil A. Partee, State's Atty., Chicago (Inge Fryklund, David R. Butzen, Mercedes Luque-Rosales, of counsel), for plaintiff-appellee.


Justice SCARIANO delivered the opinion of the court:

Defendant appeals from an order of the circuit court which sustained the statutory summary suspension of his driving privileges. He maintains that the trial court's judgment must be reversed because the State failed to establish that at the time of his arrest he was under the influence of alcohol and in "actual physical control" of his vehicle. We affirm.

The record indicates that in the early morning hours...

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