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PEOPLE v. BABOLCSAY

No. 2-05-0680.

859 N.E.2d 95 (2006)

307 Ill.Dec. 95

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Walter BABOLCSAY, Defendant-Appellee.

Appellate Court of Illinois, Second District.

November 16, 2006.

Attorney(s) appearing for the Case

Joseph E. Birkett, Du Page County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, State's attorneys Appellate Prosecutor, Elgin, Julie A. Shea, Chicago, for the People.

Elliott T. Price, Northbrook, for Walter Babolcsay.

Justice BOWMAN delivered the opinion of the court:

The State appeals a trial court order suppressing the testimony of the police officer who arrested defendant, Walter Babolcsay, for driving under the influence of alcohol (DUI) (625 ILCS 5/11-501 (West 2002)). On appeal, the State argues that the trial court erred in basing its decision on People v. Ceja, 351 Ill.App.3d 299

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