People v. Walter

              No. 2--06--0104 Filed: 6-29-07
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
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THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Du Page County.
)
Plaintiff-Appellant, ))
v. ) No. 05--DT--1945
))
Honorable
RODNEY C. WALTER, ) Nicholas J. Galasso and
) Kenneth W. Torluemke,
Defendant-Appellee. ) Judges, Presiding.
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JUSTICE O'MALLEY delivered the opinion of the Court:
The State appeals from an order of the circuit court of Du Page County granting defendant,
Rodney C. Walter's amended motion to quash his arrest for driving under the influence of alcohol
(DUI) (625 ILCS 5/11--501(a)(1), (a)(2) (West 2004)) and to suppress evidence. We reverse and
remand.
Defendant was arrested on the evening of April 30, 2005, by Bloomingdale police officer Gary
Fuchs. Subsequent to the arrest, Officer Fuchs executed a sworn report indicating that defendant had
submitted to testing of the alcohol content of his blood, that the testing revealed a blood alcohol
concentration of 0.175, and that defendant had been given notice of the statutory summary suspension
of his driving privileges, pursuant to section 11--501.1 of the Illinois Vehicle Code (625 ILCS 5/11--
501.1 (West 2004)).