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PEOPLE v. McCLURE

No. 3-04-0401.

824 N.E.2d 317 (2005)

355 Ill. App.3d 778

291 Ill.Dec. 741

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Joseph E. McCLURE, Defendant-Appellant.

Appellate Court of Illinois, Third District.

February 18, 2005.

Attorney(s) appearing for the Case

Kevin F. Sullivan (argued), Peoria, for Joseph E. McClure.

Lawrence M. Bauer, Deputy Director, Joe Mikula (argued), State's Attorneys Appellate Prosecutor, Ottawa, Stewart Umholtz, State's Attorney, Pekin, for the People.

Justice O'BRIEN delivered the opinion of the court:

Defendant Joseph McClure was arrested and charged with driving under the influence of alcohol. Because he refused chemical testing, his driver's license was summarily suspended. He timely filed a petition to rescind the summary suspension but then withdrew the petition. Nearly one year later he refiled the petition to rescind his suspension. The trial court dismissed the petition as untimely. McClure appealed. We...

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