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PEOPLE v. MIKLOS

No. 3-08-0580.

914 N.E.2d 506 (2009)

393 Ill. App.3d 205

The PEOPLE of The State of Illinois, Plaintiff-Appellant, v. Alexander D. MIKLOS, Defendant-Appellee.

Appellate Court of Illinois, Third District.

July 17, 2009.

Attorney(s) appearing for the Case

Terry A. Mertel, Deputy Director State's Attorneys Appellate Prosecutor, Richard T. Leonard (argued), State's Attorneys Appellate Prosecutor, Ottawa, IL, James Glasgow, State's Attorney, Joliet, IL, for Appellant.

Ted P. Hammel (argued), Sarah M. Vahey, Frank P. Andreano, Brumund, Jacobs, Hammel, Andreano & Davidson, LLC, Joliet, IL, for Appellee.

Justice LYTTON delivered the opinion of the court:

Defendant, Alexander Miklos, was arrested for driving under the influence (625 ILCS 5/11-501(a)(2) (West 2006)). He filed a petition to rescind his summary suspension. A hearing was scheduled 22 days later but was continued until the appearance date on defendant's ticket, 8 days after defendant's statutory summary suspension began. Defendant filed a motion to dismiss, which the trial court granted. We hold that section...

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