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McELWAIN v. OFFICE OF ILLINOIS SECRETARY

No. 117170.

39 N.E.3d 550 (2015)

396 Ill. Dec. 1

2015 IL 117170

Kevin McELWAIN, Appellee, v. The OFFICE OF the ILLINOIS SECRETARY OF STATE, Appellant.

Supreme Court of Illinois.

September 24, 2015.

Attorney(s) appearing for the Case

Lisa Madigan , Attorney General, Springfield ( Carolyn E. Shapiro , Solicitor General, and Clifford W. Berlow , Assistant Attorney General, Chicago, of counsel), for appellant.

Steven M. Shebar , Oak Park, for appellee.

OPINION

¶ 1 This is a direct appeal from a circuit court order finding section 11-501.6 of the Illinois Vehicle Code (625 ILCS 5/11-501.6 (West 2012)) unconstitutional as applied to this plaintiff. This section provides that a driver who is arrested for a traffic violation...

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