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FINK v. RYAN

No. 79404.

673 N.E.2d 281 (1996)

174 Ill.2d 302

220 Ill.Dec. 369

Christopher J. FINK, Appellee, v. George RYAN, Secretary of State, Appellant.

Supreme Court of Illinois.

Rehearing Denied December 2, 1996.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Springfield (Barbara A. Preiner, Solicitor General, and Daniel N. Malato, Assistant Attorney General, Chicago, of counsel), for appellant.

Michael W. Feetterer of Diamond, LeSueur, Roth & Feetterer, P.C., McHenry, and Larry A. Davis, of Davis & Riebman, Ltd., Des Plaines, for appellee.

Justice MILLER delivered the opinion of the court:

This appeal results from a final order entered in the circuit court of Lake County finding a portion of the Illinois Vehicle Code (625 ILCS 5/11-501.6 (West 1994)) unconstitutional under the fourth amendment of the United States Constitution.

The portion of the Vehicle Code found unconstitutional provided that if a traffic accident occurred in which death or personal injury resulted and a driver involved in...

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