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PEOPLE v. WISBROCK

No. 3-91-0303.

584 N.E.2d 513 (1991)

223 Ill. App.3d 173

165 Ill.Dec. 334

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Kenneth R. WISBROCK, Defendant-Appellee.

Appellate Court of Illinois, Third District.

December 24, 1991.

Attorney(s) appearing for the Case

Gary F. Gnidovec, States' Attys. Appellate Prosecutor, Joseph Navarro, State's Atty., Ottawa, for the People.

Darrell K. Seigler, Ottawa, for Kenneth R. Wisbrock.

Justice SLATER delivered the opinion of the court:

The defendant, Kenneth Wisbrock, made an oral motion in limine seeking to prevent the State from entering into evidence the result of his breathalyzer test. The trial court granted his motion, and the State appeals.

The record shows that after the defendant was arrested for driving under the influence of alcohol (DUI), he attempted to take a breathalyzer test. The machine issued a result reading ".11...

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