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PEOPLE v. TINKHAM

No. 4-93-0876.

639 N.E.2d 917 (1994)

266 Ill.App.3d 391

203 Ill.Dec. 358

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kermin A. TINKHAM, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Decided August 23, 1994.

Attorney(s) appearing for the Case

Richard M. Kash, Jr. (argued), Fruin & Garst, Paris, for appellant.

Allan F. Lolie, Jr., State's Atty., Paris, Norbert J. Goetten, Director, State's Attys. Appellate Prosecutor, Robert J. Biderman, Deputy Director, David E. Mannchen (argued), Staff Atty., Springfield, for appellee.

Justice GREEN delivered the opinion of the court:

Section 11-501 of the Illinois Vehicle Code (Vehicle Code) (625 ILCS 5/11-501 (West 1992)) creates the offense of driving a motor vehicle while under the influence of alcohol or drugs (DUI) and provides for penalties. Section 11-501(d)(1) of the Vehicle Code states:

"(d) Every person convicted of committing a violation of this Section shall be guilty of aggravated driving under the influence of alcohol or...

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