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PEOPLE v. MARTY

No. 4-92-0396.

608 N.E.2d 1326 (1993)

241 Ill. App.3d 266

181 Ill.Dec. 852

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Neil MARTY, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

February 25, 1993.

Attorney(s) appearing for the Case

Thomas J. Difanis, State's Atty., Urbana, Norbert J. Goetten, Director State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, Beth McGann, Staff Atty. (argued), for plaintiff-appellant.

Arthur M. Lerner (argued), Lerner & Kirchner, Champaign, for defendant-appellee.

Justice KNECHT delivered the opinion of the court:

Defendant, Neil Marty, was charged with driving under the influence of alcohol (DUI) (Ill.Rev.Stat. 1991, ch. 95½, par. 11-501(a)(2)) and driving without headlights when required (Ill.Rev.Stat. 1989, ch. 95½, par. 12-201(b)). At trial, the prosecutor questioned the arresting officer regarding whether defendant was read his Miranda rights and whether defendant refused to answer questions presented...

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