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PEOPLE v. KENNEDY

No. 3-85-0407.

144 Ill. App.3d 4 (1986)

493 N.E.2d 1211

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. JOHN R. KENNEDY, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed June 5, 1986.

Attorney(s) appearing for the Case

Tony L. Brasel, State's Attorney, of Watseka, for the People.

Kay L. Johnson, of Ackman, Marek, Boyd & Simutis, Ltd., of Watseka, for appellee.

Reversed and remanded.

JUSTICE BARRY delivered the opinion of the court:

Following an implied-consent hearing conducted pursuant to section 11-501.1 of the Illinois Vehicle Code (Ill. Rev. Stat. 1983, ch. 95 1/2, par. 11-501.1), the trial court found no probable cause and dismissed the complaint charging the defendant with driving under the influence of alcohol (DUI). From that ruling the State appeals, arguing that the officer's observations after lawfully...

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