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PEOPLE v. HOLMES

No. 3-93-0799.

644 N.E.2d 1 (1994)

268 Ill. App.3d 802

205 Ill.Dec. 785

The PEOPLE of the State of Illinois, Respondent-Appellee, v. David HOLMES, Petitioner-Appellant.

Appellate Court of Illinois, Third District.

Rehearing Denied September 20, 1994.

Attorney(s) appearing for the Case

Carey J. Luckman, Pontiac, for David J. Holmes.

John X. Breslin, Deputy Director, State's Attys. Appellate Prosecutor, Ottawa, Clarke Erickson, Kankakee County State's Atty., Kankakee, Judith Z. Kelly, States' Attys. Appellate Prosecutor, Ottawa, for the People.

Presiding Justice SLATER delivered the opinion of the court:

Petitioner, David Holmes, appeals from an order of the circuit court denying his request for a hearing on his petition to rescind the statutory summary suspension of his driver's license. On appeal, petitioner contends that the trial court erred in determining that his petition to rescind was untimely. We reverse and remand.

On April 1, 1989, petitioner was arrested and charged with driving under...

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