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PEOPLE v. BANK

No. 5-92-0559.

621 N.E.2d 1054 (1993)

251 Ill. App.3d 187

190 Ill.Dec. 601

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Hans BANK, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

October 13, 1993.

Attorney(s) appearing for the Case

Lockwood & Speroni, P.C., Marion, for defendant-appellant.

Charles Grace, State's Atty., Murphysboro, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Kendra S. Mitchell, Staff Atty., Office of the State's Attys. Appellate Prosecutor, Mt. Vernon, for plaintiff-appellee.

Justice WILLIAM A. LEWIS delivered the opinion of the court:

Defendant, Hans Bank, appeals from the trial court's denial of his petition for rescission of his statutory summary suspension, alleging that the trial court's finding that his physical inability to perform the breathalyzer test was tantamount to a refusal was against the manifest weight of the evidence, and that the State failed to present evidence justifying suspension after defendant established his ...

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