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PEOPLE v. LONG V. TRAN

No. 2-00-0081.

746 N.E.2d 320 (2001)

319 Ill. App.3d 841

253 Ill.Dec. 872

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. LONG V. TRAN, Defendant-Appellee.

Appellate Court of Illinois, Second District.

April 4, 2001.

Attorney(s) appearing for the Case

Joseph E. Birkett, Du Page County State's Attorney, Margaret M. Healy, Assistant State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, Lawrence M. Bauer, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Robert F. Stringini, Law Offices of Robert F. Stringini, Ltd., Addison, for Long V. Tran.

Justice BOWMAN delivered the opinion of the court:

The State appeals the circuit court's order granting the motion of defendant, Long V. Tran, to rescind the statutory summary suspension of his driver's license. The State argues that the failure of a police officer to respond to defendant's subpoena should not have resulted in an automatic rescission.

Defendant was arrested and charged with driving under the influence of alcohol (625 ILCS 5/11-501(a)(2) (West...

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