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PEOPLE v. ZIOBRO

Nos. 3-08-0770, 3-08-0771, 3-08-0793, 3-09-0071 and 3-09-0072.

921 N.E.2d 1264 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. James ZIOBRO, Defendant-Appellee. The People of the State of Illinois, Plaintiff-Appellant, v. Michael Lemoine, Defendant-Appellee. The People of the State of Illinois, Plaintiff-Appellant, v. Robert Shanahan, Defendant-Appellee. The People of the State of Illinois, Plaintiff-Appellant, v. Todd Wambsganss, Defendant-Appellee.

Appellate Court of Illinois, Third District.

Rehearing Denied February 10, 2010.

Attorney(s) appearing for the Case

Terry A. Mertel, Deputy Director State's Attorneys Appellate Prosecutor, James Glasgow, State's Attorney, Thomas D. Arado, State's Attorneys Appellate Prosecutor, for Appellant.

Ted P. Hammel, Sarah M. Vahey, Brumund, Jacobs, Hammel, Andreano & Davidson, LLC, Joliet, IL, for Appellees Michael Lemoine and James Ziobro.

Kevin E. Cummings, Law Office of Kevin E. Cummings, New Lenox, IL, for Appellee Robert Shanahan.

Justice LYTTON delivered the opinion of the court:

Defendants Todd Wambsganss, James Ziobro, Michael Lemoine and Robert Shanahan were issued citations for driving under the influence and other traffic violations.1 The first appearance dates listed on their citations were beyond the prescribed period set forth in Supreme Court Rule 504 (166 Ill.2d R. 504). At their first appearances, defendants filed motions to dismiss. The trial court...

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