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PEOPLE v. KLYCZEK

No. 2-87-0023.

162 Ill. App.3d 557 (1987)

516 N.E.2d 783

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. THOMAS R. KLYCZEK, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed November 18, 1987.

Attorney(s) appearing for the Case

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

No brief filed for appellee.

Reversed and remanded.

JUSTICE UNVERZAGT delivered the opinion of the court:

The State appeals from the trial court's order which rescinded the summary suspension of the driver's license of the defendant, Thomas Klyczek. The trial court determined that defendant's consent to the breathalyzer testing and subsequent refusal to undergo additional testing did not warrant summary suspension under section 11-501.1 of the Illinois Vehicle Code (Code) (Ill. Rev. Stat...

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