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PEOPLE v. BUERKETT

No. 4-90-0076.

201 Ill. App.3d 140 (1990)

559 N.E.2d 271

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. MERLE A. BUERKETT, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed August 9, 1990.

Attorney(s) appearing for the Case

Donald M. Cadagin, State's Attorney, of Springfield (Kenneth R. Boyle, Robert J. Biderman, and Denise M. Ambrose, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

James Alexander Pappas, of Springfield, for appellee.

Order reversed.

JUSTICE STEIGMANN delivered the opinion of the court:

After a hearing on defendant's petition to rescind the statutory summary suspension of his driver's license, the trial court granted the petition on the ground that defendant was misled into believing he had a right to have a lawyer present before submitting to a breathalyzer or blood test. On appeal, the State challenges the court's decision as manifestly erroneous. We agree and reverse...

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