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PEOPLE v. BARWIG

No. 5-01-0356.

778 N.E.2d 350 (2002)

334 Ill. App.3d 738

268 Ill.Dec. 364

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Earl BARWIG, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

October 9, 2002.

Attorney(s) appearing for the Case

Evan L. Owens, Benton, for Appellant.

William Richardson, Franklin County State's Attorney, W. Main Street, Benton; 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 Appellee.

Presiding Justice MAAG delivered the opinion of the court:

On February 25, 2001, Earl Barwig (defendant) was cited for driving while under the influence of alcohol (625 ILCS 5/11-501(a)(2) (West 2000)), driving while having a blood-alcohol concentration in excess of .08 (625 ILCS 5/11-501(a)(1) (West 2000)), speeding (625 ILCS 5/11-601(b) (West 2000)), and improper lane usage (625 ILCS 5/11-709 (West 2000)). Defendant filed a petition to rescind his statutory summary...

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