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PEOPLE v. SELBY

No. 3-92-0152.

608 N.E.2d 961 (1993)

241 Ill. App.3d 80

181 Ill.Dec. 710

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Marvin SELBY, Defendant-Appellee.

Appellate Court of Illinois, Third District.

February 18, 1993.

Attorney(s) appearing for the Case

John X. Breslin, Deputy Director, State's Attys. Appellate Prosecutor, Ottawa, William Poncin, State's Atty., Macomb, Nancy Rink Carter (argued), State's Attys. Appellate Prosecutor, Ottawa, for the People.

Michael C. Jansz (argued), Herbolsheimer, Lannon, Henson, Duncan & Reagan, Ottawa, for Marvin Selby.

Justice LYTTON delivered the opinion of the court:

The defendant, Marvin Selby, was arrested for the offenses of driving under the influence of alcohol (DUI) (Ill.Rev. Stat. 1991, ch. 95½, par. 11-501) and reckless driving (Ill.Rev.Stat.1991, ch. 95½, par. 11-503). Defendant took and failed a breath test and received notice that his license would be summarily suspended. Defendant filed a request for judicial review seeking rescission of the summary suspension...

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