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PEOPLE v. GARRIOTT

No. 4-93-0458.

625 N.E.2d 780 (1993)

253 Ill. App.3d 1048

192 Ill.Dec. 625

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Kenneth L. GARRIOTT, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

November 30, 1993.

Attorney(s) appearing for the Case

John Turner, State's Atty., Lincoln, Norbert J. Goetten, Director State's Attys. Appellate Pros., Robert J. Biderman, Deputy Director, Beth McGann, Staff Atty., Springfield, for plaintiff-appellant.

Nick F. Burgrabe, Lincoln, for defendant-appellee.

Presiding Justice STEIGMANN delivered the opinion of the court:

In March 1993, the State charged defendant, Kenneth L. Garriott, with driving under the influence of alcohol (DUI) arising from his driving an automobile on private property (625 ILCS 5/11-501(a) (West 1992)). In May 1993, defendant filed a motion in limine to prohibit the State from introducing evidence of his refusal to submit to a breathalyzer test at his DUI trial. The trial court granted the...

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