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PEOPLE v. KUNTZ

No. 3-92-0300.

607 N.E.2d 313 (1993)

239 Ill. App.3d 587

180 Ill.Dec. 419

The PEOPLE of The State of Illinois, Plaintiff-Appellee, v. Donald J. KUNTZ, Defendant-Appellant.

Appellate Court of Illinois, Third District.

January 15, 1993.

Attorney(s) appearing for the Case

Kenneth A. Grnacek (argued), Kalian & Grnacek, Joliet, for Donald J. Kuntz.

John X. Breslin, Deputy Director State's Attys. Appellate Prosecutor, Ottawa, Edward Burmila, Jr., Will County State's Atty., Joliet, Gary F. Gnidovec (argued), State's Attys. Appellate Prosecutor, Ottawa, for the People.

Justice SLATER delivered the opinion of the court:

Defendant Donald Kuntz was arrested on March 5, 1992, and charged with improper lane usage and driving under the influence of alcohol. Defendant submitted to a breathalyzer test which indicated a blood alcohol concentration of 0.23 and his driver's license was summarily suspended (see Ill.Rev.Stat.1991, ch. 95½, par. 11-501.1(d), (e)). Defendant filed a petition to rescind the summary suspension (see Ill.Rev...

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