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PEOPLE v. ALLEN

No. 2-01-0977.

784 N.E.2d 393 (2003)

336 Ill. App.3d 457

271 Ill.Dec. 175

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Steven N. ALLEN, Jr., Defendant-Appellee.

Appellate Court of Illinois, Second District.

February 4, 2003.

Attorney(s) appearing for the Case

Glen R. Weber, Jo Daviess County State's Attorney, Galena, Martin P. Moltz, Deputy Director, Lawrence M. Bauer, State's Attorneys Appellate Prosecutor, Elgin, for the People.

G. Joseph Weller, Deputy Defender, and Bruce Kirkham (Court-appointed), Office of the State Appellate Defender, Elgin, for Steven N. Allen Jr.

Justice GROMETER delivered the opinion of the court:

Defendant, Steven N. Allen, Jr., was charged with driving while under the influence of alcohol (625 ILCS 5/11-501 (West 2000)). Defendant filed a motion in limine seeking to exclude the results of a blood test taken in an Iowa hospital. The trial court granted defendant's motion. The State filed a certificate of impairment and appealed. For the reasons that follow, we reverse.

The facts of this case...

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