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PEOPLE v. EAVES

No. 3-87-0519.

174 Ill. App.3d 911 (1988)

529 N.E.2d 277

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. DAVID F. EAVES, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed September 28, 1988.

Attorney(s) appearing for the Case

Samuel Naylor VI, State's Attorney, of Carthage (Gerald P. Ursini, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Albert V. Ancelet, of Capps, Ancelet & Stoverink, of Carthage, for appellee.

Reversed and remanded.

JUSTICE BARRY delivered the opinion of the court:

Defendant David F. Eaves was arrested for driving under the influence of alcoholic liquor (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 11-501(a)) on May 9, 1987, when he was found asleep behind the wheel of his automobile, which was parked in a private lot with the keys in the ignition, the headlamps on and the engine running. Officer Oral K. Lawrence of the Carthage police department had...

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