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PEOPLE v. BAHNFLETH

No. 3-92-0007.

599 N.E.2d 16 (1992)

233 Ill. App.3d 289

174 Ill.Dec. 470

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. William A. BAHNFLETH, Defendant-Appellee.

Appellate Court of Illinois, Third District.

Rehearing Denied September 25, 1992.

Attorney(s) appearing for the Case

John X. Breslin, Deputy Director, State's Attys. Appellate Prosecutor, Ottawa, Erik I. Blanc, State's Atty., Pekin, Gary F. Gnidovec, States' Attys. Appellate Prosecutor, Ottawa, for People.

G. Edward Orr, Reardon, Orr & Dvorak, East Peoria, for William A. Bahnfleth.

Justice SLATER delivered the opinion of the court:

The defendant, William A. Bahnfleth, was charged with driving under the influence of alcohol (DUI) (Ill.Rev.Stat.1991, ch. 95½, par. 11-501(a)(2)). Thereafter, he received notice that his license would be summarily suspended. The defendant subsequently filed a petition to rescind (Ill.Rev. Stat.1991, ch. 95½ par. 11-501.1) alleging that he had not been properly arrested. The trial court agreed and rescinded...

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