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PEOPLE v. GERWICK

No. 4-92-0078.

602 N.E.2d 93 (1992)

235 Ill. App.3d 691

176 Ill.Dec. 786

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Matthew C. GERWICK, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

Rehearing Denied November 19, 1992.

Attorney(s) appearing for the Case

Charles G. Reynard, State's Atty., Bloomington, Norbert J. Goetten, Director State's Attys. Appellate Prosecutor (Robert J. Biderman, Deputy Director, Linda Susan McClain, Staff Atty.), Springfield, for plaintiff-appellant.

Steven Skelton, Bloomington, for defendant-appellee.

Justice McCULLOUGH delivered the opinion of the court:

The State appeals from an order of the circuit court of McLean County granting the petition of defendant Matthew C. Gerwick to rescind the statutory summary suspension of his driver's license. On November 15, 1991, defendant filed his petition alleging he was not properly placed under arrest for an offense defined in section 11-501 of the Illinois Vehicle Code (Code) (Ill. Rev.Stat.1989, ch. 95½, par. 11...

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