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PEOPLE v. BYRD

No. 4-90-0804.

574 N.E.2d 1269 (1991)

215 Ill. App.3d 468

158 Ill.Dec. 876

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Roger A. BYRD, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

June 26, 1991.

Attorney(s) appearing for the Case

Richard J. Ringhausen, State's Atty., Jerseyville, Kenneth R. Boyle, Director, State's Attorneys Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, Dale M. Wood, Staff Atty., for plaintiff-appellant.

S. Russell Meyer, Alton, for defendant-appellee.

Presiding Justice LUND delivered the opinion of the court:

Defendant Roger A. Byrd was charged with driving under the influence of drugs, alcohol, or a combination thereof (DUI), and driving with a breath-alcohol concentration of 0.10 or more. (Ill.Rev.Stat.1989, ch. 95½, pars. 11-501(a)(4), (a)(1).) The trial court granted defendant's motion to suppress the result of defendant's breath test. The State appeals from and we reverse the suppression order.

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