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ARVIA v. MADIGAN

No. 95590.

809 N.E.2d 88 (2004)

209 Ill.2d 520

283 Ill.Dec. 895

Patrick C. ARVIA, Appellee, v. Lisa MADIGAN, Attorney General, et al., Appellants.

Supreme Court of Illinois.

April 15, 2004.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Springfield (Gary S. Feinerman, Solicitor General, and Laura Wunder, Assistant Attorney General, Chicago, of counsel), for appellants.

Terry Sullivan and Nancy J. Nicol, Rolling Meadows, for appellee.

Justice FITZGERALD delivered the opinion of the court:

At issue in this appeal is the constitutionality of section 11-501.8 of the Illinois Vehicle Code (625 ILCS 5/11-501.8 (West 2000)), commonly referred to as the "zero tolerance law." Generally, the zero tolerance law provides that any driver under the age of 21 who tests positive for the presence of alcohol or refuses testing upon a police officer's proper request is subject to summary suspension of his or her...

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