PEOPLE v. ROSINSKI

Nos. 2-02-0835 to 2-02-0839, 2-02-1054.

813 N.E.2d 1078 (2004)

351 Ill. App.3d 459

286 Ill.Dec. 385

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. David F. ROSINSKI, Theodore J. Rigas, Thomas J. Janozik, Anthony J. Gianfrancisco, Ivan Dukic, Brett A. Jensen, Defendants-Appellees.

Appellate Court of Illinois, Second District.

Rehearing Denied August 18, 2004.


Attorney(s) appearing for the Case

Joseph E. Birkett, Du Page County State's Attorney, Neal F. Thompson, Lisa Anne Hoffman, Assistant State's Attorneys, Wheaton, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, for the People in No. 2-02-0835.

Donald J. Ramsell, Ramsell & Armamentos, Wheaton, for David F. Rosinski.

Joseph E. Birkett, Du Page County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, for the People in Nos. 2-02-0836, 2-02-0837, 2-02-0838 and, 2-02-0839.

Ramsell & Armamentos, Wheaton, for Theodore J. Rigas, Thomas J. Janozik, Anthony J. Gianfrancisco and Ivan Dukic.

Roger T. Russell, Boone County State's Attorney, Belvidere, Martin P. Moltz, Deputy Director, Lawrence M. Bauer, State's Attorneys Appellate Prosecutor, Elgin, for the People in No. 2-02-1054.

David R. Castegnaro, Rockford, for Brett A. Jensen.


Justice CALLUM delivered the opinion of the court:

These cases are consolidated for the purposes of appeal. Defendants, David F. Rosinski, Theodore J. Rigas, Thomas J. Janozik, Anthony J. Gianfrancisco, Ivan Dukic, who were all represented by the same attorney, and Brett A. Jensen, were arrested and charged with driving under the influence of alcohol (625 ILCS 5/11-501(a)(2) (West 1994)), after breath analyses indicated that they had unlawful breath-alcohol content...

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