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PEOPLE v. CARPENTER

No. 2-07-0277.

895 N.E.2d 24 (2008)

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Theodore CARPENTER, Defendant-Appellee.

Appellate Court of Illinois, Second District.

September 4, 2008.

Attorney(s) appearing for the Case

Joseph E. Birkett, DuPage County State's Attorney, Lisa Anne Hoffman, Assistant State's Attorney, Wheaton, Lawrence M. Bauer, Deputy Director State's Attorney Appellate Prosecutor, Gregory L. Slovacek, State's Attorney Appellate Prosecutor, Elgin, IL, for Appellant.

Donald J. Ramsell, Ramsell & Associates, LLC, Wheaton, IL, for Appellee.

Justice BOWMAN delivered the opinion of the court:

Defendant, Theodore Carpenter, submitted to a breath test and was subsequently charged with multiple offenses related to driving under the influence (DUI). Also, his driving privileges were summarily suspended. Defendant filed a petition to rescind the summary suspension and a motion in limine to suppress the breath test results, arguing that notice of the "temporarily approved" breath test device used on him...

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