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PEOPLE v. SMITH

No. 4-94-0576.

647 N.E.2d 310 (1995)

269 Ill.App.3d 962

207 Ill.Dec. 348

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Dennis SMITH, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

March 3, 1995.

Attorney(s) appearing for the Case

Thomas J. Difanis, State's Atty., Urbana, IL, Norbert J. Goetten, Director State's Attys. Appellate Prosecutor, Robert J. Biderman, Deputy Director, State's Attys. Appellate Prosecutor, Leslie Hairston, Staff Atty. State's Attys. Appellate Prosecutor, Springfield, for the People.

Robert G. Kirchner, Lerner & Kirchner, Champaign, for Dennis Smith.

Justice STEIGMANN delivered the opinion of the court:

In March 1994, defendant, Dennis Smith, was arrested for driving while under the influence of alcohol (DUI) (625 ILCS 5/11-501(a) (West 1992)). The arresting officer asked defendant to undergo a breath test, and when he refused, a statutory summary suspension of his driver's license resulted (625 ILCS 5/11-501.1 (West 1992)).

In April 1994, defendant filed a petition to rescind the statutory summary suspension...

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