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PEOPLE v. KIRBY

No. 4-85-0848.

145 Ill. App.3d 144 (1986)

495 N.E.2d 656

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. LONNIE E. KIRBY, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed July 10, 1986.

Attorney(s) appearing for the Case

Ronald C. Dozier, State's Attorney, of Bloomington (Kenneth R. Boyle, Robert J. Biderman, and Michael Blazicek, all of State's Attorneys Appellate Service Commission, of counsel), for the People.

Gary G. Johnson, of Normal, for appellee.

Reversed and remanded.

JUSTICE MORTHLAND delivered the opinion of the court:

On September 2, 1985, a McLean County sheriff's deputy arrested the defendant for driving a motorcycle while under the influence of alcohol. Following a hearing to determine whether the defendant's driver's license should be suspended for refusing to undergo a breath test for intoxication, the circuit court found for the defendant. The State appeals. We reverse.

The parties...

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