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PEOPLE v. WILEY

No. 2-01-1039.

776 N.E.2d 856 (2002)

333 Ill. App.3d 861

267 Ill.Dec. 484

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Christopher WILEY, Defendant-Appellee.

Appellate Court of Illinois, Second District.

September 10, 2002.

Attorney(s) appearing for the Case

Ronald G. Matekaitis, De Kalb County State's Attorney, Sycamore, Martin P. Moltz, Deputy Director, Joan M. Kripke, State's Attorneys Appellate Prosecutor, Elgin, for the People.

William P. Brady, Gallagher & Brady, Sycamore, for Christopher Wiley.

Presiding Justice HUTCHINSON delivered the opinion of the court:

The State appeals the trial court's order granting the petition of defendant, Christopher Wiley, to rescind the summary suspension of his driver's license. The State contends that the court erred when it granted the petition without requiring defendant to present any evidence. We reverse and remand.

Defendant was charged with driving under the influence of alcohol (625 ILCS 5/11-501(a)(2) (West...

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