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PEOPLE v. DVORAK

No. 2-95-0520.

658 N.E.2d 869 (1995)

276 Ill.App.3d 544

213 Ill.Dec. 120

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Michael DVORAK, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied January 9, 1996.

Attorney(s) appearing for the Case

David E. Camic, Camic, Johnson, Wilson & Bloom, P.C., Aurora, for Michael Dvorak.

Michael P. Coghlan, DeKalb County State's Attorney, Sycamore, William L. Browers Deputy Director, State's Attorney Appellate Prosecutor, Elgin, for the People.

Justice GEIGER delivered the opinion of the court:

The defendant, Michael Dvorak, appeals (145 Ill.2d R. 604(f)) from the denial of his motion to dismiss, on the basis of double jeopardy, the cause prosecuted against him for driving under the influence of alcohol (DUI). We affirm and remand for further proceedings.

On February 4, 1994, the defendant was charged with DUI (625 ILCS 5/11-501(a)(2) (West 1992)). On that date he was also served with notice of the...

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