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PEOPLE v. MILLS

No. 5-92-0032.

599 N.E.2d 1362 (1992)

234 Ill. App.3d 368

175 Ill.Dec. 348

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Rick MILLS, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

September 17, 1992.

Attorney(s) appearing for the Case

Robert Haida, State's Atty., Belleville, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Debra A. Buchman, Staff Atty., Office of the State's Attys. Appellate Prosecutor, Mt. Vernon, for plaintiff-appellant.

George R. Ripplinger, Jr., Ripplinger, Dixon & Johnston, Belleville, for defendant-appellee.

Justice CHAPMAN delivered the opinion of the court:

The circuit court of St. Clair County rescinded the statutory summary suspension of the driving privileges of the defendant based on its finding that the defendant had not been afforded a hearing on his petition for rescission within 30 days from the filing of his petition. The State asserts that the trial court erred in holding that the mere filing of a petition for...

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