Jones v. White

816 N.E.2d 1106, 352 Ill. App. 3d 316, 287 Ill. Dec. 895, 2004 Ill. App. LEXIS 1252
CourtAppellate Court of Illinois
DecidedAugust 23, 2004
Docket4-03-0850 Rel
StatusPublished
Cited by1 cases

This text of 816 N.E.2d 1106 (Jones v. White) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. White, 816 N.E.2d 1106, 352 Ill. App. 3d 316, 287 Ill. Dec. 895, 2004 Ill. App. LEXIS 1252 (Ill. Ct. App. 2004).

Opinions

JUSTICE STEIGMANN

delivered the opinion of the court:

Following an April 2002 hearing, defendant, Illinois Secretary of State Jesse White, denied plaintiff, Robert F. Jones, Jr.’s petition for reinstatement of his full driving privileges. In July 2002, Jones filed a complaint for administrative review; and following an August 2003 hearing, the circuit court reversed the Secretary’s denial of Jones’ petition to reinstate his full driving privileges.

The Secretary appeals the circuit court’s order, and we reverse.

I. BACKGROUND

In June 1987, Jones was arrested for driving under the influence of alcohol or drugs or both (DUI) (Ill. Rev. Stat. 1987, ch. 951/2, par. 11 — 501) after he submitted to a Breathalyzer test that disclosed a blood-alcohol concentration of 0.17. In August 1987, Jones’ driver’s license was summarily suspended for a period of three months (Ill. Rev. Stat. 1987, ch. 95½, par. 11—501.1). In December 1987, Jones received court supervision for the June 1987 DUI offense.

In February 1992, Jones’ Illinois driver’s license was surrendered to another state. (The record does not show to which state Jones surrendered his license.) In July 1992, Jones was again arrested for DUI (625 ILCS 5/11—501(a)(4) (West 1992)) after he was stopped and refused to complete a Breathalyzer test. In February 1993, Jones was convicted of DUI and driving while his license was suspended.

In February 2002, Jones, who was then 47 years old and lived in Michigan, filed a petition, seeking reinstatement of his full driving privileges in Illinois and a formal hearing on his petition.

The evidence presented at the April 2002 hearing on Jones’ petition showed the following. Jones testified that he received his first DUI after he drank “a lot” of 16-ounce beers at the Chicago Blues Festival. Prior to that arrest, Jones typically consumed “maybe a 12-pack [of beer] a week or a little more.”

At the time of his second DUI arrest, Jones had been drinking beer and had taken Xanax (a benzodiazepine), which a physician had prescribed for him in 1998 for anxiety related to his self-described “horrible” marriage and work-related stress. Jones explained that his then-wife was violent and controlling, and he had been arrested 12 or 15 times for domestic abuse, although he was never convicted.

Jones also testified that from 1988 through July 1992, he took Xanax in increasing amounts and beyond the prescribed dosage. His prescribed dosage was one milligram, three times per day, but Jones was “probably taking somewhere between six and nine milligrams.” At some point during that four-year period, he became aware that his Xanax use was going to affect him, and he did not want it to interfere with his work. (Since 1990, Jones had worked as an environmental health and safety manager for Washington Group or one of its predecessors.) Jones made numerous unsuccessful attempts to stop using Xanax on his own. He explained that he would stop taking Xanax on a Friday morning, and by the end of the day, he would become “very irritable and jumpy.” By Saturday, he would be “bouncing off the wall,” and by Sunday, he “would have some hallucinations and actually lose motor control.” For instance, if Jones wanted to pick up a cup of coffee, he could not make his arm pick up the cup even though he could see it sitting on the table. When that occurred, he had his then-wife go to the pharmacy, where the “doctors always had plenty of refills on the books” for him, and get a prescription refilled. Jones acknowledged that he “knew [he] couldn’t get off of [Xanax],” and he eventually realized he had a problem and wanted to get treatment.

One or two weeks prior to his July 1992 DUI arrest, Jones had arranged to complete inpatient alcohol- and drug-abuse treatment at Hazelden Foundation in Center City, Minnesota. Because Jones was going to be at Hazelden for about one month, he and his then-wife took a weekend trip before he was to be admitted. Jones explained that they were on their way home from a casino in the “Quad cities” when he was arrested for his second DUI.

Later in July 1992, Jones was admitted to Hazelden, where he completed a 28-day inpatient alcohol- and drug-abuse treatment program. His treatment program addressed both his alcohol and Xanax abuse. When he was first admitted to Hazelden, Jones did not see himself as a substance abuser because Xanax was a prescribed medication. After completing the treatment program, he realized that he was a substance abuser. For about one year following his successful completion of the program, Jones attended aftercare meetings with a counselor. His then-wife urged him to drink and became angry when he did not. Jones also discovered that she had “quite the cocaine problem,” and she wanted him to use cocaine with her. Jones refused, and they later divorced.

In September 1992, Jones’ driver’s license was summarily suspended for two years (625 ILCS 5/11—501.1 (West 1992)). In February 1993, Jones was convicted of both DUI and driving with a suspended Illinois driver’s license (625 ILCS 5/6—303(a) (West 1992)).

In March 1993, the Secretary revoked Jones’ Illinois driver’s license and driving privileges, pursuant to section 6—205(a)(2) of the Illinois Vehicle Code (Code) (625 ILCS 5/6—205(a)(2) (West 1992)).

Jones also testified that he had not taken Xanax since July 1992. From late July 1992 until sometime in 1995 or 1996, he did not drink alcohol because he had taken the Hazelden treatment program “very seriously.” Around 1996, he began drinking “socially.” His drinking had not interfered with his driving or ability to work. Jones explained that his current wife does not drink, and they spend their time on non-drinking-related activities. He acknowledged that he currently drinks about a six-pack of beer per week, but not consistently. Occasionally when Jones gets home from work, he drinks two or three beers.

Jones further testified that he suffered ailments after working as a demolition safety manager at the World Trade Center “ground zero” site. He had taken “as many as ten or fifteen medications at a time” for the ailments. He currently was taking four prescribed medications for a reactive airway disorder and one blood-pressure-regulating medication.

The hearing officer considered an “alcohol and drug evaluation uniform report” regarding Jones that was prepared in mid-March 2002 by Jamie Link, a substance-abuse evaluator employed by Solutions Counseling and DUI Services in Springfield. The uniform report indicated, in pertinent part, as follows. Jones told Link that in the year prior to his 1992 DUI arrest, he shared a 12-pack of beer per week and a six-pack of beer per weekend. On the day of his July 1992 DUI arrest, which occurred at 5 p.m., he had consumed four draft beers between noon and 4 p.m. He also had taken six to eight milligrams of Xanax that day. Link noted that Jones’ consumption of beer and Xanax led to his 1992 DUI arrest.

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Bluebook (online)
816 N.E.2d 1106, 352 Ill. App. 3d 316, 287 Ill. Dec. 895, 2004 Ill. App. LEXIS 1252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-white-illappct-2004.