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PEOPLE v. McINTIRE

No. 4-92-0104.

602 N.E.2d 938 (1992)

236 Ill. App.3d 732

177 Ill.Dec. 43

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jeff McINTIRE, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

October 30, 1992.

Attorney(s) appearing for the Case

Richard D. Frazier, Michael D. Metnick, Metnick, Barewin & Wise, Springfield, for defendant-appellant.

Brett Irving, State's Atty., Pittsfield, Norbert J. Goetten, Director State's Attys. Appellate Prosecutor, Robert J. Biderman, Deputy Director, Dale M. Wood, Staff Atty., Springfield, for plaintiff-appellee.

Presiding Justice GREEN delivered the opinion of the court:

Section 11-501.1(c) of the Illinois Vehicle Code (Code) (Ill.Rev.Stat.1991, ch. 95½, par. 11-501.1(c)) permits the Secretary of State to summarily suspend an Illinois driver's license upon failure of a motorist to submit to or complete a blood-alcohol test under certain conditions. Section 2-118.1 of the Code (Ill.Rev.Stat.1991, ch. 95½, par. 2-118.1) sets forth a court procedure, including a hearing...

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