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PEOPLE v. WALTER

No. 3-02-0248.

779 N.E.2d 1151 (2002)

335 Ill. App.3d 171

269 Ill.Dec. 116

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Dwayne WALTER, Defendant-Appellee.

Appellate Court of Illinois, Third District.

November 8, 2002.

Attorney(s) appearing for the Case

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, William Poncin, State's Attorney, Macomb, Gary F. Gnidovec, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Santiago A. Durango, Office of the State Appellate Defender, Ottawa; for Dwayne Walter.

Presiding Justice LYTTON delivered the opinion of the court:

The circuit court of McDonough County granted a motion filed by defendant Dwayne Walter to dismiss the State's charge of driving under the influence of alcohol (DUI) (625 ILCS 5/11-501(a)(2) (West 2000)). The State appeals. We affirm.

On December 15, 2001, state trooper Danny R. Leezer arrested defendant for DUI and issued a uniform citation and complaint requiring him to appear in court at 9 a.m...

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