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PEOPLE v. CARLSON

No. 3-98-1020.

716 N.E.2d 1249 (1999)

307 Ill. App.3d 77

240 Ill.Dec. 302

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Eric C. CARLSON, Defendant-Appellee.

Appellate Court of Illinois, Third District.

September 1, 1999.

Attorney(s) appearing for the Case

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Baron S. Heintz, State's Atty., Aledo, Richard T. Leonard, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Herbert F. Schultz, Rock Island, for Eric C. Carlson.

Justice HOMER delivered the opinion of the court:

The defendant, Eric C. Carlson, was arrested for driving under the influence of alcohol (DUI). He submitted to a breathalyzer test, which disclosed a blood-alcohol concentration of .10, and his driver's license was summarily suspended (625 ILCS 5/11-501.1 (West 1998)). The defendant filed a petition to rescind the suspension based on an illegal arrest (625 ILCS 5/2-118.1(b) (West 1998)). The trial court granted the...

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