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PEOPLE v. McGEE

No. 2-93-0718.

644 N.E.2d 439 (1994)

268 Ill. App.3d 32

205 Ill.Dec. 883

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Rosie L. McGEE, Defendant-Appellee.

Appellate Court of Illinois, Second District.

Rehearing Denied January 10, 1995.

Attorney(s) appearing for the Case

James E. Ryan, Du Page County State's Atty., Barbara A. Preiner, Supervisor of Appeals, Du Page County State's Attorneys Office, Wheaton, William L. Browers, Deputy Director, Lisa A. Hoffman, State's Attys. Appellate Prosecutors, Elgin, and Constance Augsburger, Mt. Morris, for the People.

G. Joseph Weller, Deputy Defender, Office of the State Appellate Defender, Elgin, Richard Paul Levee, Asst. Public Defender, Wheaton, Thomas A. Lilien, Asst. Defender, Office of State Appellate Defender, and Paul Alexander Rogers, Elgin, for Rosie L. McGee.

Justice McLAREN delivered the opinion of the court:

The State appeals from the trial court's order granting the motion of defendant, Rosie L. McGee, to suppress the results of a blood-alcohol test taken pursuant to section 11-501.6(a) of the Illinois Vehicle Code (Ill. Rev.Stat.1991, ch. 95½, par. 11-501.6(a) (now 625 ILCS 5/11-501.6(a) (West 1992))). The statute was later declared facially unconstitutional in King...

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