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PEOPLE v. MILLNER

No. 5-89-0510.

615 N.E.2d 56 (1993)

245 Ill. App.3d 597

185 Ill.Dec. 761

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. David W. MILLNER, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

June 7, 1993.

Attorney(s) appearing for the Case

Paul Hillis, Jr., State's Atty., Salem, Kenneth R. Boyle, Director, Stephen E. Norris, Deputy Director, Scott A. Manuel, Staff Atty., Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, for plaintiff-appellant.

R. Edward Veltman, Jr., Crain, Cooksey & Veltman, Ltd., Centralia, for defendant-appellee.

Justice RARICK delivered the opinion of the court:

This case began with the arrest of defendant, David W. Millner, in Marion County for driving under the influence of alcohol. At the time of his arrest, defendant was warned that refusal to take a breath test would result in summary suspension of his driver's license. Whether defendant was also warned that evidence of his refusal could be used against him is contested. Defendant refused the test. After being charged...

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