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PEOPLE v. DUNNIGAN

Nos. 5-99-0242, 5-99-0277.

728 N.E.2d 122 (2000)

312 Ill. App.3d 1186

245 Ill.Dec. 391

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Shirley DUNNIGAN, Defendant-Appellee. The People of the State of Illinois, Plaintiff-Appellant, v. Timothy Sworm, William Deaton, Chester Rollins, Jerry Risley, Lewis May, Sr., Gerald Davis, and Oren Peoples, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

April 20, 2000.

Attorney(s) appearing for the Case

Brian Trentman, State's Attorney, Nashville, Kendra S. Mitchell, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, for Appellant in No. 5-99-0242.

Charles Garnati, State's Attorney, Williamson County, Marion, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Patrick D. Daly, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, for Appellant in No. 5-99-0277.

David N. Rumley, Savoy, for Shirley Dunnigan.

Therese H. Thien, Marion, for Oren Peoples.

Julie A. Thompson, Verity and Thompson, Marion, for William Deaton.

John D. Richey, Marion, for Chester Rollins, Jerry Risley and Gerald Davis.

Justice RARICK delivered the opinion of the court:

Each of the defendants involved in these two cases was charged with driving under the influence of alcohol. Each filed a motion to exclude or suppress the results of his or her breathalyzer exam, based on People v. Morris, 301 Ill.App.3d 603, 234 Ill.Dec. 823, 703 N.E.2d 923 (1998), alleging...

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