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PEOPLE v. WITT

No. 2-92-0803.

630 N.E.2d 156 (1994)

258 Ill. App.3d 124

196 Ill.Dec. 459

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Robert P. WITT, Defendant-Appellee.

Appellate Court of Illinois, Second District.

February 25, 1994.

Attorney(s) appearing for the Case

James E. Ryan, DuPage County State's Atty., Barbara A. Preiner, Supervisor of Appeals, DuPage Co. S.A.'s Office, Wheaton, William L. Browers, Deputy Director, Lawrence M. Bauer, State's Atty. Appellate Prosecutors, Elgin, for the People.

David Sotomayor, Sotomayor & Bird, Wheaton, for Robert P. Witt.

Presiding Justice INGLIS delivered the opinion of the court:

The State appeals the pretrial decision of the circuit court of Du Page County suppressing the results of breath tests in the prosecution of defendant, Robert Witt. For the following reasons, we reverse.

Defendant was charged with driving under the influence of alcohol (Ill.Rev.Stat.1989, ch. 95½, par. 11-501(a)(2) (now 625 ILCS 5/11-501(a)(2) (West 1992))), driving with a blood-alcohol...

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