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PEOPLE v. MUELLER

No. 3-91-0285.

581 N.E.2d 817 (1991)

221 Ill. App.3d 234

163 Ill.Dec. 663

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. George MUELLER, Defendant-Appellee.

Appellate Court of Illinois, Third District.

October 31, 1991.

Attorney(s) appearing for the Case

William L. Browers, Deputy Director, State's Attys. Appellate Service Com'n, Elgin, Edward Burmila, Jr., Will County State's Atty., Joliet, Martin P. Moltz (argued), State's Attys. Appellate Prosecutor, Elgin, for the People.

Joseph R. Mazzone (argued), Schenk, Duffy, Quinn, McNamara, Phelan, Carey, Joliet, for George Mueller.

Justice GORMAN delivered the opinion of the court:

The defendant, George Mueller, was charged with the offense of driving under the influence of alcohol (Ill.Rev.Stat.1989, ch. 95½, par. 11-501(d)(3)). Following a hearing, the trial court granted defendant's motion to suppress evidence of his blood alcohol content. The State appeals the suppression order.

The record shows that the defendant was involved in a serious car accident on May 28, 1989, in the...

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