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PEOPLE v. SHAFFER

No. 3-93-0723.

634 N.E.2d 31 (1994)

261 Ill. App.3d 304

199 Ill.Dec. 431

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Ronald J. SHAFFER, Defendant-Appellee.

Appellate Court of Illinois, Third District.

May 6, 1994.

Attorney(s) appearing for the Case

John X. Breslin, Deputy Director, State's Attys. Appellate Prosecutor, Ottawa, Kevin W. Lyons, State's Atty., Peoria, Judith Z. Kelly, State's Attys. Appellate Prosecutor, Ottawa, for the People.

Ronald L. Hamm, Hamm & Hanna, Ltd., Peoria, for Ronald J. Shaffer.

Presiding Justice SLATER delivered the opinion of the court:

On July 15,1993, the defendant, Ronald J. Shaffer, was charged with driving under the influence of alcohol (DUI). (625 ILCS 5/11-501(a)(2) (West 1992).) His driver's license was summarily suspended after he allegedly refused to submit to a breathalyzer test. (625 ILCS 5/11-501.1 (West 1992).) Subsequently, he filed a petition to rescind his statutory summary suspension, which the trial court granted. On...

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