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PEOPLE v. KAVANAUGH

No. 4-05-0297.

840 N.E.2d 807 (2005)

362 Ill. App.3d 690

298 Ill.Dec. 694

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. David L. KAVANAUGH, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

Decided December 22, 2005.

Attorney(s) appearing for the Case

Jack Ahola, State's Attorney, Decatur, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Thomas R. Dodegge, Staff Attorney (argued), State's Attorneys Appellate Prosecutor, Springfield, for the People.

Thomas E. Griffith, Tammara R. Wagoner (argued), Erickson Davis Murphy Johnson Griffith & Walsh Ltd., Decatur, for David L. Kavanaugh.

Justice KNECHT delivered the opinion of the court:

Defendant, David L. Kavanaugh, was charged by citation with driving under the influence (DUI) (625 ILCS 5/11-501(a)(2) (West 2002)) and illegal transportation of alcohol (625 ILCS 5/11-502(a) (West 2002)). Pursuant to section 11-501.1 of the Illinois Vehicle Code (Vehicle Code) (625 ILCS 5/11-501.1 (West 2002)), defendant was given a notice of statutory suspension because he refused to submit to or failed to complete...

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