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CITY OF NAPERVILLE v. SCHIAVO

No. 2-00-1326.

762 N.E.2d 1167 (2002)

327 Ill. App.3d 230

261 Ill.Dec. 240

The CITY OF NAPERVILLE, Plaintiff-Appellant, v. Gary C. SCHIAVO, Defendant-Appellee.

Appellate Court of Illinois, Second District.

January 18, 2002.

Attorney(s) appearing for the Case

Francis J. Cuneo Jr., City of Naperville/City Prosecutor, Thomas A. Thanas, City of Naperville, Naperville, for City of Naperville.

Steven D. Armamentos, Ramsell & Associates, Wheaton, for Gary C. Schiavo.

Justice GROMETER delivered the opinion of the court:

Defendant, Gary C. Schiavo, filed a motion to quash his arrest for driving under the influence of alcohol and suppress the evidence flowing therefrom. The circuit court of Du Page County granted this motion. Following the denial of its motion to reconsider, the City of Naperville (City) filed a certificate of impairment (188 Ill.2d R. 604(a)(1)), and this appeal ensued. For the reasons that follow, we reverse and...

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