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PEOPLE v. LONG

No. 2-03-0923.

815 N.E.2d 72 (2004)

351 Ill. App.3d 821

286 Ill.Dec. 862

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Michael G. LONG, Defendant-Appellee.

Appellate Court of Illinois, Second District.

August 25, 2004.

Attorney(s) appearing for the Case

Ronald G. Matekaitis, DeKalb County State's Attorney, Sycamore, Martin P. Moltz, Deputy Director, Gregory L. Slovacek, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Richard D. Larson, Sycamore, for Michael G. Long.

Justice CALLUM delivered the opinion of the court:

The State appeals from an order quashing the arrest of defendant, Michael G. Long, and suppressing the evidence stemming from that arrest. It contends that the court erred in finding that defendant lacked actual physical control of his truck at the time of his arrest for driving under the influence (DUI) (625 ILCS 5/11-501(a)(1), (a)(2) (West 2002)). We hold that the uncontested evidence that defendant was lying on...

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