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PEOPLE v. GALARZA

No. 2-04-1075.

910 N.E.2d 1160 (2009)

391 Ill. App.3d 805

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Miguel A. GALARZA, Defendant-Appellee.

Appellate Court of Illinois, Second District.

May 19, 2009.

Attorney(s) appearing for the Case

Melissa S. Barnhart, Yorkville, Martin P. Moltz, Deputy Director, Gregory L. Slovacek, State's Attorneys Appellate Prosecutor, Elgin, for Plaintiff-Appellant.

G. Joseph Weller, Deputy Defender, Kathleen J. Hammill, Office of the State Appellate Defender, Elgin, for Defendant-Appellee.

Justice BURKE delivered the opinion of the court:

In the early morning of July 11, 2004, defendant, Miguel A. Galarza, was eating a Taco Bell meal while sitting in the front passenger seat of a vehicle driven by Scott Valencia. After the vehicle drifted over the center line of the road (625 ILCS 5/11-701(a) (West 2004)), Officer John Collins stopped it and asked Valencia for his driver's license. Because Valencia's driving privileges were suspended, he was arrested...

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