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VILLAGE OF PALATINE v. REGARD

No. 69124.

136 Ill.2d 503 (1990)

557 N.E.2d 898

THE VILLAGE OF PALATINE, Appellant, v. EDWARD REGARD, Appellee.

Supreme Court of Illinois.

Opinion filed July 3, 1990.

Attorney(s) appearing for the Case

Everette M. Hill, Jr., Michael M. Roth and Paul A. Tanzillo, of Glass, Hill, Dallmeyer & Roth, Ltd., of Northbrook, for appellant.

Thomas C. Brandstrader, of Mount Prospect, for appellee.

Ernest R. Blomquist III, of Massucci, Blomquist, Brown & Judson, of Arlington Heights, for amici curiae communities of Arlington Heights et al.

Judgment reversed; cause remanded.

JUSTICE CLARK delivered the opinion of the court:

On May 29, 1988, appellee, Edward Regard, was arrested by a Village of Palatine police officer and charged with driving while under the influence of alcohol in violation of section 18-1-11-501(a)(2) of the Palatine Code of Ordinances (Palatine, Ill., Code of Ordinances ch. 18, par. 18-1-11-501(a)(2) (1988)). Appellee refused to submit to a breathalyzer test and was, therefore...

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