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PEOPLE v. KIRK

No. 4-95-0574.

681 N.E.2d 1073 (1997)

289 Ill. App.3d 326

224 Ill.Dec. 452

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

Appellate Court of Illinois, Fourth District.

June 23, 1997.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, Elizabeth D. Caddick, Asst. Defender, Office of State Appellate Defender, Springfield, for James D. Kirk.

Charles G. Reynard, State's Attorney, Bloomington, Norbert J. Goetten, Director, Robert J. Biderman Deputy Director, James Majors, Staff Attorney, State's Attorneys Appellate Prosecutor, Springfield, for the People.

Justice COOK delivered the opinion of the court:

Defendant James D. Kirk was charged with driving under the influence of alcohol (DUI) (625 ILCS 5/11-501(a)(2) (West 1994)) and improper lane usage for driving the wrong direction on a one-way road (625 ILCS 5/11-708 (West 1994)). Following a jury trial, defendant was convicted on both counts. Defendant appeals, arguing that it was error for the trial court to allow certain scientific testimony without conducting a...

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