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PEOPLE v. SMITH

No. 78918.

665 N.E.2d 1215 (1996)

172 Ill.2d 289

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

Supreme Court of Illinois.

Rehearing Denied June 3, 1996.

Attorney(s) appearing for the Case

Robert G. Kirchner, of Lerner & Kirchner, Champaign, for appellant.

James E. Ryan, Attorney General, Springfield, and John Piland, State's Attorney, Urbana (Norbert J. Goetten, Robert J. Biderman and Leslie Hairston, of the Office of the State's Attorneys Appellate Prosecutor, Springfield, of counsel), for the People.

Justice HEIPLE delivered the opinion of the court:

Defendant, Dennis Smith, was arrested for driving while under the influence of alcohol (625 ILCS 5/11-501(a) (West 1994)). After defendant refused to take a breath test, defendant was served with notice of the statutory summary suspension of his driving privileges pursuant to section 11-501.1 of the Illinois Vehicle Code (Code) (625 ILCS 5/11-501.1 (West 1994)). Defendant filed a petition in the circuit court of Champaign...

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