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PEOPLE v. KIRK

Nos. 4-96-0620, 4-96-0741.

684 N.E.2d 437 (1997)

291 Ill. App.3d 610

225 Ill.Dec. 752

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. James R. KIRK, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

Rehearing Denied October 1, 1997.

Attorney(s) appearing for the Case

Thomas J. Brown, State's Atty., Pontiac, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, State's Attys. Appellate Prosecutor, Springfield, (Perry Miller, State's Attys. Appellate Prosecutor, of counsel), for People.

Carey J. Luckman, Pontiac, for James R. Kirk.

Justice GARMAN delivered the opinion of the court:

Defendant James R. Kirk was arrested for driving under the influence of alcohol (DUI) (625 ILCS 5/11-501(a)(2) (West 1994)). After he submitted to blood and urine tests, defendant's driver's license was summarily suspended pursuant to section 11-501.1 of the Illinois Vehicle Code (Vehicle Code) (625 ILCS 5/11-501.1 (West 1994)). Subsequently, he filed a petition to rescind his statutory summary suspension and a motion...

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