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PEOPLE v. SMULIK

No. 2-11-0110.

964 N.E.2d 183 (2012)

357 Ill. Dec. 820

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Jerry SMULIK, Defendant-Appellee.

Appellate Court of Illinois, Second District.

January 6, 2012.

Attorney(s) appearing for the Case

Robert B. Berlin , DuPage County State's Attorney, Wheaton, ( Lisa Anne Hoffman , Assistant State's Attorney, Lawrence M. Bauer , Deputy Director, Gregory L. Slovacek , State's Attorneys Appellate Prosecutor, Elgin, of counsel), for the People.

Earl A. Vergara , Ramsell & Associates, LLC, Wheaton, for Jerry Smulik.

OPINION

Justice SCHOSTOK delivered the judgment of the court, with opinion.

¶ 1 The State appeals from an order of the circuit court of Du Page County granting the motion of defendant, Jerry Smulik, to quash his arrest for driving under the influence of alcohol (DUI) (625 ILCS 5/11-501(a)(1), (a)(2) (West 2008)) and to suppress evidence. We affirm.

¶ 2 At the hearing on his motion, defendant testified that on the evening of Friday, June...

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