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PEOPLE v. ZAJAC

No. 1-88-0886.

614 N.E.2d 15 (1991)

244 Ill. App.3d 42

184 Ill.Dec. 814

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Dale ZAJAC, Defendant-Appellee.

Appellate Court of Illinois, First District, Third Division.

December 27, 1991.

Attorney(s) appearing for the Case

Craig F. Miller, Oak Lawn, for defendant-appellee.

John M. O'Malley, Chicago (Inge Fryklund, Carol L. Gaines, Janet C. Mahoney, of counsel), for plaintiff-appellant.

Justice RIZZI delivered the opinion of the court:

Plaintiff, People of the State of Illinois, filed a misdemeanor complaint charging defendant Dale Zajac with driving or being in actual physical control of a vehicle while his blood or breath alcohol concentration was .10 or more in violation of section 11-501(a)(1) of the Vehicle Code. Ill.Rev.Stat. 1987, ch. 95½, par. 11-501(a)(1). The complaint was stamped with the language "[Defendant] did drive a motor vehicle...

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