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PEOPLE v. BYWATER

No. 2-04-0730.

830 N.E.2d 695 (2005)

358 Ill. App.3d 191

294 Ill.Dec. 283

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Brian Ray BYWATER, Defendant-Appellant.

Appellate Court of Illinois, Second District.

June 1, 2005.

Attorney(s) appearing for the Case

Rachel J. Hess, Van Der Snick Law Firm, Ltd., Geneva, for Brian Ray Bywater.

John A. Barsanti, Kane County State's Attorney, St. Charles, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Stephen E. Norris, Deputy Director, Trent M. Marshall, State's Attorneys Appellate Prosecutor, Mt. Vernon, for the People.

Justice KAPALA delivered the opinion of the court:

Defendant, Brian Ray Bywater, was charged with driving without proof of insurance (625 ILCS 5/3-707(a) (West 2002)), improper lane usage (625 ILCS 5/11-709(a) (West 2002)), and two counts of driving while under the influence of alcohol (DUI) (625 ILCS 5/11-501(a)(1), (a)(2) (West 2002)). He petitioned to rescind the statutory summary suspension of his driving privileges, serving notice of the petition on the State...

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