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VILLAGE OF LINCOLNSHIRE v. FOLLENSBEE

No. 2-99-1057.

740 N.E.2d 534 (2000)

317 Ill. App.3d 507

251 Ill.Dec. 453

The VILLAGE OF LINCOLNSHIRE, Plaintiff-Appellant, v. James FOLLENSBEE, Defendant-Appellee.

Appellate Court of Illinois, Second District.

December 1, 2000.

Attorney(s) appearing for the Case

Lawrence R. LaLuzerne, of Rosing, Smith, Ericksen, Zeit & Stanczak, Ltd., Waukegan, for appellant.

Michael M. Melius, Waukegan, for appellee.

Justice HUTCHINSON delivered the opinion of the court:

Defendant, James Follensbee, was arrested for the offense of driving under the influence of alcohol (625 ILCS 5/11-501(a)(2) (West 1998)). He subsequently filed a petition to rescind the statutory summary suspension of his driving privileges, alleging that he did not refuse to consent to take a breath test or a blood test. Following a hearing, the trial court granted defendant's petition. Plaintiff, the Village...

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