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PEOPLE v. BRANTLEY

Nos. 1-92-1387, 1-92-1731 and 1-92-2311.

618 N.E.2d 663 (1993)

248 Ill. App.3d 580

188 Ill.Dec. 93

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Thomas BRANTLEY, Andrew Kowalczyk, & Holly Hunt, Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

June 17, 1993.

Attorney(s) appearing for the Case

Jack O'Malley, Chicago (Renee Goldfarb and Kenneth T. McCurry, of counsel), for plaintiff-appellant.

Paul J. Augustyn of Allegretti & Associates, Chicago, and James J. Ahern of Ahern & Mahohey, Skokie, for defendants-appellees.

Justice CAHILL delivered the opinion of the court:

These three cases, consolidated on appeal, present the same issue: Must a police officer issue a ticket for driving under the influence of alcohol (DUI) (Ill.Rev.Stat. 1991, ch. 95½, par. 11-501), before he asks a driver to take a breath test? Defendants Thomas Brantley, Andrew Kowalczyk, and Holly Hunt were each arrested and charged with DUI. The trial court in each case rescinded the defendant's suspension...

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