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PEOPLE v. MARKER

No. 2-06-1071.

888 N.E.2d 590 (2008)

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Brent E. MARKER, Defendant-Appellee.

Appellate Court of Illinois, Second District.

May 1, 2008.

Attorney(s) appearing for the Case

Eric C. Weis, Kendall County State's Attorney, Yorkville, Lawrence M. Bauer, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Rita Kennedy Mertel, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Larry Wechter, Law Office of Larry Wechter, Geneva, for Brent E. Marker.

Justice BYRNE delivered the opinion of the court.

Following a traffic stop by an Oswego police officer, defendant was arrested and charged with driving under the influence of drugs (625 ILCS 5/11-501(a)(6) (West 2006)) and driving under the combined influence of drugs and alcohol (625 ILCS 5/11-501(a)(5) (West 2006)) (DUI) in case number 06-DT-57. As a result of the same arrest, defendant was also charged with unlawful possession of a controlled substance (720 ILCS...

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