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PEOPLE v. KESLER

No. 85047.

712 N.E.2d 341 (1999)

186 Ill.2d 413

238 Ill.Dec. 619

The PEOPLE of the State of Illinois, Appellant, v. Patrick KESLER, Appellee.

Supreme Court of Illinois.

May 20, 1999.

Attorney(s) appearing for the Case

David H. Iskowich, Asst. Atty. Gen., Chicago, State's Atty. Ogle County, Oregon, for People.

Dennis Riley, Oregon, Susan K. Lucas, Peoria, for Patrick Kesler.

Justice HARRISON delivered the opinion of the court:

Defendant, Patrick Kesler, was charged by complaint with violating section 15-107(c) of the Illinois Vehicle Code (625 ILCS 5/15-107(c) (West 1996)). Prior to trial, Kesler filed a written motion to dismiss, arguing that the statute violates the commerce clause of the United States Constitution (U.S. Const., art. I, § 8, cl. 3) and is therefore void and unenforceable. Following hearings at which no evidence...

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