Koeck v. Edgar

535 N.E.2d 1019, 180 Ill. App. 3d 332, 129 Ill. Dec. 254, 1989 Ill. App. LEXIS 226
CourtAppellate Court of Illinois
DecidedFebruary 28, 1989
Docket1-87-2783
StatusPublished
Cited by9 cases

This text of 535 N.E.2d 1019 (Koeck v. Edgar) 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
Koeck v. Edgar, 535 N.E.2d 1019, 180 Ill. App. 3d 332, 129 Ill. Dec. 254, 1989 Ill. App. LEXIS 226 (Ill. Ct. App. 1989).

Opinion

JUSTICE SCARIANO

delivered the opinion of the court:

Plaintiff filed suit in the circuit court seeking administrative review of the Secretary of State’s (Secretary’s) decision denying his petition for reinstatement of his driving privileges or, in the alternative, for a restricted driving permit. The trial court found that the Secretary’s refusal to restore plaintiff to his full driving privileges was against the manifest weight of the evidence. Accordingly, the judge ordered that the case be remanded to the Secretary and ordered full reinstatement. The Secretary appeals.

The Secretary raises the following issues on appeal: (1) whether the trial court properly found that his decision not to reinstate plaintiff’s full driving privileges was contrary to the manifest weight of the evidence, and (2) whether his decision to deny plaintiff a restricted driving permit was against the manifest weight of the evidence.

Because the scope of our review is narrowly confined to the issue of whether the Secretary’s decision is against the manifest weight of the evidence, a detailed examination of the record made in this case is in order.

Plaintiff is a self-employed automobile mechanic in Glenview, Illinois, approximately six miles from his home. His mother drives him to and from work. Plaintiff’s job requires him to test-drive cars, but at the time of the administrative hearing, he employed someone part time to perform that function.

Plaintiff was convicted for driving under the influence of intoxicating liquor (DUI) on January 10, 1983, and as a result, his driver’s license was revoked on March 24, 1983. He had been arrested for DUI on two prior occasions, neither of which resulted in conviction. In addition, the plaintiff’s driving record includes the following notations:

Conviction for disregarding stop sign 6/8/77

Conviction for speeding 4/19/78

Conviction for speeding 6/13/78

License suspension for three or more moving

violations in a 12-month period 10/12/78

Convicted for lighted lamp violation 6/28/78

Conviction for speeding 8/22/78

Conviction for speeding 9/4/78

violations in a 12-month period 12/4/79

Conviction for speeding 9/19/79

violations in a 12-month period 3/1/80

Conviction for reckless driving (reduced

from DUI) 12/18/81

Also of importance is plaintiff’s arrest in 1985 for driving in a parking lot while his license was revoked; he was then road-testing a car on the premises of his former employer. As a result of this arrest, he was put on supervision, which has since terminated. When asked at the administrative hearing if he made it a regular occasion to test-drive cars at his place of employment, the plaintiff responded, “[N]o, the least amount possible, and I never went off our lot.”

As noted above, plaintiff’s last arrest for DUI occurred on January 10, 1983, in Cook County at 2:37 a.m. Prior to being stopped, plaintiff consumed a six-pack of beer and two shots of whiskey within a three- or four-hour period. He admits that he knew he should not have been driving. After plaintiff was convicted on this charge, his license was revoked. In July of 1983, he sought a restricted driving permit (RDP), but the Secretary of State denied his request. Subsequently, in August of 1985, plaintiff sought reinstatement of his driving privileges, or in the alternative, an RDP, and again the Secretary denied plaintiff any relief. In October of 1986, plaintiff, for a third time, sought reinstatement of his driving privileges or an RDP, and for the third time, the Secretary denied the request.

At the October 1986 hearing, plaintiff testified that prior to his last arrest for DUI, he often drank to the point of intoxication, but after his conviction for DUI in 1983, and before the 1985 hearing, he had cut down his drinking to a “couple of times a week.” He contends that he now has further reduced his drinking to “only a few beers” on weekends.

Plaintiff has completed three alcohol drug assessments: in 1983, 1985 and 1986. In 1983, his alcohol assessor found that plaintiff appeared to be in the beginning stages of recovery/remission of alcoholism, and recommended that plaintiff abstain from alcohol and continue with regular Alcoholics Anonymous (AA) attendance. Plaintiff attended 11 AA meetings, but stopped going to them when his sponsor, who drove him to the meetings, moved to Wisconsin and he was left without transportation. Plaintiff never worked on any of the AA steps, although he states that he worked toward his goal, which was to stop drinking. The 1985 assessment classified the plaintiff as “non-problematic.”

The 1986 assessment also classifies plaintiff as “non-problematic”; however, the Secretary claims that the assessor was not aware of certain vital information when making this assessment. For example, the assessor states that plaintiff was arrested only twice for driving under the influence when in fact plaintiff was arrested three times. In addition, the assessor notes a reckless driving charge of 1981 as not involving alcohol, when it was in fact an alcohol-related incident. It is unclear as to why there were these gaps in the assessor’s information. Plaintiff stated in his testimony at the hearing that he did not show the assessor copies of his first alcohol assessment, but that the assessor was aware that he had gone through the program. The assessor, however, did have a copy of his 1985 evaluation.

At the 1986 hearing, plaintiff testified that he attended two sets of Alcohol Safety Education classes, explaining that he attended them because “one was required by the courts. *** The other one I went through in order to try and get a Restricted Driving Permit.” Plaintiff acknowledges that he was an alcoholic at one time and that he took “speed” in the form of diet pills for approximately two months.

After considering the evidence, consisting of the exhibits and testimony of the parties, the 1986 hearing officer found that there were inconsistencies between plaintiff’s first and last alcohol assessments concerning the nature and extent of his “use/abuse” of alcohol, and that it was clear that the first assessor intended for plaintiff to continue with AA attendance in order to help him abstain from the use of alcohol.

The hearing officer concluded that given plaintiff’s past driving record and the conflicting evidence concerning the nature and extent of his alcohol “use/abuse,” plaintiff failed to demonstrate that he would be a safe and responsible driver and that he would not endanger the public safety and welfare. Accordingly, the hearing officer recommended that plaintiff’s petition for full driving privileges or, in the alternative, an RDP be denied. On October 8, 1986, the hearing officer’s findings of fact and conclusions of law were adopted by the Secretary; consequently, plaintiff was denied full reinstatement of driving privileges and an RDP.

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Cite This Page — Counsel Stack

Bluebook (online)
535 N.E.2d 1019, 180 Ill. App. 3d 332, 129 Ill. Dec. 254, 1989 Ill. App. LEXIS 226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koeck-v-edgar-illappct-1989.