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PEOPLE v. DAMKROGER

No. 2-10-0061.

946 N.E.2d 948 (2011)

The PEOPLE of the State of Illinois, Plaintiff, v. Amy L. DAMKROGER, Defendant-Appellee (Jesse White, Illinois Secretary of State, Contemnor-Appellant).

Appellate Court of Illinois, Second District.

March 8, 2011.

Attorney(s) appearing for the Case

Lisa Madigan , Attorney General, State of Illinois, Michael A. Scodro , Solicitor General, Sunil Bhave , Assistant Attorney General, for Jessie White, Illinois Secretary of State.

Peter R. Gruber , Slingerland & Associates, Sycamore, for Amy L. Damkroger.

Clay Campbell , De Kalb County State's Attorney, for People of the State of Illinois.

OPINION

Justice BIRKETT delivered the judgment of the court, with opinion.

Jesse White, Illinois Secretary of State (Secretary), appeals from the order of the circuit court holding him in indirect civil contempt of court for failing to issue a monitoring device driving permit (MDDP) to Amy Damkroger following her second arrest in a month for driving under the influence (DUI). For the reasons that follow, we reverse.

BACKGROUND

The facts...

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