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PEOPLE v. CLAYTON

No. 4-89-0974.

201 Ill. App.3d 163 (1990)

559 N.E.2d 300

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. JOSEPH M. CLAYTON, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed August 16, 1990.

Attorney(s) appearing for the Case

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

Roma Barksdale Larson and Thomas R. Appleton, both of Morse, Giganti & Appleton, of Springfield, for appellee.

Reversed and remanded.

JUSTICE McCULLOUGH delivered the opinion of the court:

The defendant Joseph Clayton was issued an Illinois citation and complaint for driving under the influence of alcohol (DUI). He refused to submit to alcohol testing. The Secretary of State issued a statutory summary suspension, and the defendant filed a petition to rescind the summary suspension. On December 8, 1989, the trial court...

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