Larkin v. Hartigan

620 N.E.2d 598, 250 Ill. App. 3d 969, 189 Ill. Dec. 630
CourtAppellate Court of Illinois
DecidedSeptember 16, 1993
Docket4-93-0052
StatusPublished
Cited by9 cases

This text of 620 N.E.2d 598 (Larkin v. Hartigan) 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
Larkin v. Hartigan, 620 N.E.2d 598, 250 Ill. App. 3d 969, 189 Ill. Dec. 630 (Ill. Ct. App. 1993).

Opinion

JUSTICE KNECHT

delivered the opinion of the court:

Plaintiff Ronald Larkin appeals from the dismissal (Ill. Rev. Stat. 1991, ch. 110, par. 2 — 615) of his declaratory judgment action by a Champaign County circuit court judge. Plaintiff sought injunctive relief against defendants, then Attorney General of the State of Illinois, Neil F. Hartigan, and James Edgar in his official capacity as Secretary of State (Secretary). He argues sections 7 — 604 through 7 — 606 of the Illinois Vehicle Code (Code) are unconstitutional because these provisions violate his right, and the right of others similarly situated, to avoid compulsory self-incrimination, and because the provisions deny adequate due process protections. (Ill. Rev. Stat. 1991, ch. 95½, pars. 7 — 604 through 7 — 606.) We disagree and affirm.

I. Facts

Plaintiff received a letter from the Secretary dated January 12, 1990. The letter was in reference to verification of whether plaintiff’s 1990 Honda motor vehicle was insured. It stated plaintiff’s vehicle had been selected for participation in a random sampling program to determine if the selected registered motorists had liability insurance for their vehicles.

The letter informed plaintiff he had to respond to the questions on the attached postcard and return the card to the Secretary’s office within 30 days. The attached postcard inquired whether plaintiff’s vehicle was covered by liability insurance on the verification date of January 12, 1990. It also asked the name of plaintiff’s insurance company, his policy number, and the effective and expiration dates of his policy. The information was to be provided as it appeared on plaintiff’s insurance card.

The letter also informed plaintiff the mandatory insurance division of the Secretary’s office would suspend his license plates if he failed to return the form within 30 days, returned the form with incomplete or erroneous information, or indicated on the form that he had no insurance coverage.

Plaintiff had the required liability insurance for his vehicle as of January 1990 as evidenced by his insurance card, a copy of which was attached to his complaint. However, he did not return the required information to the Secretary’s office. Instead he sent a letter to the mandatory insurance division of that office on January 13, 1990. The letter indicated plaintiff had contradictory evidence about whether he was insured at the relevant time because his insurance agent had lost a computer transmission. The letter also stated the United States Constitution protected him from being forced to incriminate himself by responding to the verification form.

Plaintiff’s complaint also alleged the Secretary’s office sent him a notice of license plate suspension which stated his vehicle registration would be suspended effective June 5, 1990, because he failed to return the requested verification form. The letter also indicated if plaintiff had the proper insurance on January 12 he could have his record corrected by submitting proof of this insurance. The proof could be plaintiff’s insurance card, a certificate of insurance, a policy declarations page, an insurance binder, or written proof from an insurance representative. If plaintiff was not insured on January 12 he could not have his suspension lifted until August 5, 1990, after he paid a $50 fee and submitted proof he had obtained insurance as of the reinstatement date. In February 1990, plaintiff was notified by the Secretary that his vehicle registration was suspended from June 5 to August 5, 1990, for failure to return the verification form. Plaintiff did not seek administrative review of this suspension. See Ill. Rev. Stat. 1991, ch. 95½, par. 2 — 118(e).

On approximately August 6 plaintiff sent the Secretary a check for $50. His license plate suspension was lifted and his check was returned to him.

On January 7, 1991, months after the reinstatement of his vehicle registration, plaintiff filed a lawsuit. In his complaint, plaintiff contended the Illinois Code provision authorizing the Secretary to randomly ask registered motorists about liability insurance violated the recipients’ right against self-incrimination. He also contended the absence of a provision providing motorists a hearing before or after their license plate was suspended violated their right to due process. Plaintiff sought certification as a class, with the class consisting of all individuals who had vehicle liability insurance in compliance with the Act but whose license plates were suspended for failure to submit proof of their coverage to the Secretary’s office.

Plaintiff sought a declaratory judgment that sections 7 — 604 through 7 — 606 of the Code violated the fifth and fourteenth amendments to the United States Constitution (U.S. Const., amends. V, XIV). He sought an injunction forbidding defendants from enforcing those provisions of the Code, damages, and attorney fees. Defendants filed a motion to dismiss the complaint.

In October 1992 the trial judge dismissed the complaint. (Ill. Rev. Stat. 1991, ch. 110, par. 2 — 615.) The judge concluded the Secretary did not request information on the verification form which would tend to incriminate a motorist. He also concluded plaintiff was not within the class of persons alleged to have a constitutional claim. Plaintiff had failed to allege sufficient facts to state a claim that his right to avoid compulsory self-incrimination had been violated.

The judge also concluded plaintiff did not state a claim he was deprived of properly without due process of law because the existing procedures allowed individuals to submit documentary proof either before or after a license plate suspension was effective and thereby avoid suspension or have it rescinded. These procedures were sufficient to ensure due process requirements. This appeal followed.

II. Relevant Statutory Provisions

Section 7 — 604 of the Code authorizes the Secretary to select random samples of motor vehicle registrations to determine whether the vehicles are insured. Under subsection (c), the Secretary may send to owners of randomly selected motor vehicles requests for information about the vehicles and their liability insurance coverage. (Ill. Rev. Stat. 1991, ch. 95½, par. 7 — 604(c).) The information sought from the owners includes whether the vehicle was insured on the verification date indicated by the form. The Secretary may also require the owners to provide the name and address of their insurers, their insurance policy numbers, and the expiration dates of the policies.

Pursuant to section 7 — 604(d), within 30 days after the Secretary mails the verification request, the vehicle owner “shall furnish the requested information to the Secretary above the owner’s signed affirmation that such information is true and correct.” (Ill. Rev. Stat. 1991, ch. 95½, par. 7 — 604(d).) If the owner fails to respond to the request, or if the response indicates the vehicle was not covered by liability insurance on the verification date, he or she shall be deemed to have maintained registration of his or her motor vehicle in violation of section 7 — 601 of the Code. Ill. Rev. Stat. 1991, ch. 95½, par. 7 — 601.

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Bluebook (online)
620 N.E.2d 598, 250 Ill. App. 3d 969, 189 Ill. Dec. 630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/larkin-v-hartigan-illappct-1993.