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PEOPLE v. FITTERER

No. 2-00-0088.

751 N.E.2d 174 (2001)

322 Ill. App.3d 820

256 Ill.Dec. 121

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Gary S. FITTERER, Defendant-Appellee.

Appellate Court of Illinois, Second District.

June 5, 2001.

Attorney(s) appearing for the Case

Meg Gorecki, Kane County State's Attorney, St. Charles, Martin P. Moltz, Deputy Director, Gregory L. Slovacek, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Law Offices of Donahue, Sowa, Bugos & Brown, Glenn M. Sowa, Geneva, for Gary S. Fitterer.

Presiding Justice HUTCHINSON delivered the opinion of the court:

Defendant, Gary S. Fitterer, was arrested and charged with, inter alia, driving under the influence of alcohol (DUI) (625 ILCS 5/11—501(a)(2) (West 1998)). In addition, under section 11—501.1 of the Illinois Vehicle Code (the Code) (625 ILCS 5/11—501.1 (West 1998)), he was given notice that his driving privileges would be summarily suspended. He petitioned to rescind the summary...

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