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PEOPLE v. SOLAN

No. 2-11-0944.

972 N.E.2d 292 (2012)

361 Ill. Dec. 807

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. John SOLAN, Defendant-Appellee.

Appellate Court of Illinois, Second District.

June 26, 2012.

Attorney(s) appearing for the Case

Robert B. Berlin , DuPage County State's Attorney, Wheaton ( Lisa Anne Hoffman , Assistant State's Attorney, Wheaton, IL, Lawrence M. Bauer , Deputy Director, Edward R. Psenicka , State's Attorneys Appellate Prosecutor, of counsel), for the People.

Scott P. Walthius , Law Office of Scott P. Walthius, Winfield, IL, for appellee.

OPINION

Justice BURKE delivered the judgment of the court, with opinion:

¶ 1 Defendant, John Solan, petitioned to rescind the summary suspension of his driving privileges. Following a hearing, the trial court granted defendant's petition and rescinded the suspension. The State timely appealed. At issue is whether the trial court properly granted defendant's petition upon finding that defendant was not "placed under arrest for [driving under the influence...

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