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PEOPLE v. ROSE

No. 4-94-0345.

643 N.E.2d 865 (1994)

268 Ill. App.3d 174

205 Ill.Dec. 574

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Alan D. ROSE, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

December 8, 1994.

Attorney(s) appearing for the Case

Richard J. Ringhausen, State's Atty., Jerseyville, Norbert J. Goetten, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, Linda Susan McClain, Staff Atty., for appellant.

Alan Rose, Brussels, for appellee.

Presiding Justice KNECHT delivered the opinion of the court:

Alan Rose, defendant, was charged with driving under the influence of alcohol (DUI), a violation of section 11-501 of the Illinois Vehicle Code (Code) (625 ILCS 5/11-501 (West 1992)). Prior to his trial, defendant made a motion in limine to exclude from evidence the results of a preliminary breathalyzer test (PBT) given to him pursuant to section 11-501.5 of the Code (625 ILCS 5/11-501.5 (West 1992...

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