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PEOPLE v. DOHERTY

No. 85-0343.

144 Ill. App.3d 400 (1986)

494 N.E.2d 933

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. MATTHEW T. DOHERTY, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed June 20, 1986.

Attorney(s) appearing for the Case

James E. Ryan, State's Attorney, of Wheaton (Barbara A. Preiner and Judith M. Pietrucha, Assistant State's Attorneys, of counsel), for the People.

John B. Swain, of Wheaton, for appellee.

Reversed and remanded.

JUSTICE SCHNAKE delivered the opinion of the court:

Following a hearing conducted pursuant to the implied-consent provisions of 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 that the State had failed to produce evidence that the defendant refused to submit to a breathalyzer test and, thus, granted the defendant,...

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