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PEOPLE v. WHIPPLE

No. 3-98-0272.

716 N.E.2d 806 (1999)

307 Ill. App.3d 43

240 Ill.Dec. 212

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Jeffrey WHIPPLE, Defendant-Appellee.

Appellate Court of Illinois, Third District.

July 27, 1999.

Attorney(s) appearing for the Case

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Marshall E. Douglas, State's Attorney, Rock Island, Rita Kennedy Mertel, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Gerald J. Meehan, Coryn, Walker & Meehan, Rock Island, for Jeffrey Whipple.

Justice KOEHLER delivered the Opinion of the Court:

The defendant, Jeffrey Whipple, was arrested on a charge of driving under the influence of alcohol (625 ILCS 5/11501(a)(2) (West 1996)). The Rock Island circuit court granted his motion to rescind his statutory summary suspension, concluding that the defendant should have been permitted to call his attorney prior to submitting to the breathalyzer test. The State appeals, and we reverse and remand.

The defendant...

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