People v. McClure

843 N.E.2d 308, 218 Ill. 2d 375
CourtIllinois Supreme Court
DecidedJanuary 20, 2006
Docket100321
StatusPublished
Cited by91 cases

This text of 843 N.E.2d 308 (People v. McClure) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. McClure, 843 N.E.2d 308, 218 Ill. 2d 375 (Ill. 2006).

Opinion

843 N.E.2d 308 (2006)
218 Ill.2d 375

The PEOPLE of the State of Illinois, Appellant,
v.
Joseph E. McCLURE, Appellee.

No. 100321.

Supreme Court of Illinois.

January 20, 2006.

*309 Lisa Madigan, Attorney General, Springfield, and Stewart J. Umholtz, State's Attorney, Pekin (Gary Feinerman, Solicitor General, Linda D. Woloshin, Christina M. Schlect and Leah C. Myers, Assistant Attorneys General, Chicago, and Norbert J. Goetten, Lawrence M. Bauer and Joe Mikula, of the Office of the State's Attorneys Appellate Prosecutor, Ottawa, of counsel), for the People.

Kevin F. Sullivan, Peoria, for appellee.

*310 OPINION

Justice FITZGERALD delivered the judgment of the court, with opinion:

The central issue before us is whether the savings provision set forth in section 13-217 of the Code of Civil Procedure (Civil Code) (735 ILCS 5/13-217 (West 2002)) serves to toll the limitations period set forth in section 2-118.1(b) of the Illinois Vehicle Code (625 ILCS 5/2-118.1(b) (West 2002)), such that a driver who voluntarily withdraws a petition to rescind a statutory summary suspension of a driver's license may refile the petition within one year. We allowed the State's petition for leave to appeal after the appellate court reversed the circuit court of Tazewell County's judgment and determined that section 13-217 of the Code of Civil Procedure tolled the limitations period of section 2-118.1(b) of the Vehicle Code. 355 Ill. App.3d 778, 291 Ill.Dec. 741, 824 N.E.2d 317. For the reasons that follow, we affirm the judgment of the appellate court.

BACKGROUND

On April 25, 2003, defendant was arrested for driving under the influence (DUI) under section 11-501(a)(2) of the Vehicle Code (625 ILCS 5/11-501(a)(2) (West 2002)). As mandated by statute, defendant's driver's license was summarily suspended due to his failure to submit to chemical testing. See 625 ILCS 5/11-501.1 (West 2002). On June 19, 2003, defendant filed a "Request for Hearing," under section 2-118.1(b) of the Vehicle Code. See 625 ILCS 5/2-118.1(b) (West 2002). The matter was set for hearing, and continued twice by agreement of the parties. A hearing did not commence, however, because defendant withdrew his petition to rescind on August 26, 2003.

The charge of DUI was ultimately amended to reckless driving, and defendant pleaded guilty to that offense on February 24, 2004. He was sentenced to two days in the county jail, one year of probation, and ordered to pay a $1,000 fine.

Defendant thereafter filed a second petition to rescind his statutory summary suspension on April 1, 2004, nearly one year after his arrest and more than seven months since withdrawing his first petition. In his second petition, defendant asserted that the withdrawal of his initial petition was tantamount to a voluntary dismissal contemplated by section 13-217 of the Code of Civil Procedure and, therefore, under that statute, he had one year to refile his petition. The State moved to strike defendant's petition as untimely. In its motion to strike, the State relied on the appellate court's decision in People v. Rodriguez, 339 Ill.App.3d 677, 274 Ill.Dec. 615, 791 N.E.2d 707 (2003). The trial court in the instant case noted that it was bound by the Rodriguez holding, as it was the only case that had yet to decide the issue, and accordingly struck defendant's petition as untimely.

Defendant appealed, and the appellate court reversed the trial court's judgment, declining to follow the Second District's opinion in Rodriguez. The appellate court disagreed with the Rodriguez court's determination that section 2-118.1(b) was ambiguous, and held that the plain language of the statute, when construed as a whole, requires an initial petition to rescind to be filed within the 90-day time limit, and likewise allows refiling of a voluntarily dismissed petition within one year. 355 Ill.App.3d at 781, 291 Ill.Dec. 741, 824 N.E.2d 317. We allowed the State's petition for leave to appeal. 177 Ill.2d R. 315(a). For the reasons that follow, we affirm the judgment of the appellate court.

ANALYSIS

Section 11-501 of the Vehicle Code (625 ILCS 5/11-501 (West 2002)) prohibits motorists *311 in this state from driving under the influence of alcohol or drugs. In addition to criminal sanctions, motorists arrested for DUI are subject to suspension of their driving privileges. 625 ILCS 5/11-501.1 (West 2002). Any person driving on a public roadway in Illinois who is arrested for DUI is deemed to have given implied consent to blood, breath or urine testing to determine whether the motorist is under the influence of an intoxicant. 625 ILCS 5/11-501.1(a) (West 2002). Section 11-501.1 of the Vehicle Code authorizes the Secretary of State to summarily suspend the driver's license of any motorist arrested for DUI who refuses to submit to chemical testing, tests above the legal alcohol concentration limit, or tests positive for an intoxicating substance. 625 ILCS 5/11-501.1(d) (West 2002). The statutory summary suspension takes effect on the forty-sixth day after the motorist receives notice of the suspension. 625 ILCS 5/11-501.1(g) (West 2002). We have previously stated that the issuance of a statutory summary suspension protects the public from impaired drivers and swiftly removes them from our roadways. People v. Moore, 138 Ill.2d 162, 166, 149 Ill.Dec. 278, 561 N.E.2d 648 (1990); People v. Schaefer, 154 Ill.2d 250, 255, 182 Ill.Dec. 26, 609 N.E.2d 329 (1993).

Although motorists arrested for DUI are immediately subject to the statutory summary suspension of their drivers' licenses, they are not left without recourse. Indeed, section 2-118.1(b) of the Vehicle Code allows motorists to contest their suspensions. 625 ILCS 5/2-118.1(b) (West 2002). Section 2-118.1(b) provides:

"Within 90 days after the notice of a statutory summary suspension served under Section 11-501.1 [625 ILCS 5/11-501.1], the person may make a written request for a judicial hearing in the circuit court of venue. The request to the circuit court shall state the grounds upon which the person seeks to have the statutory summary suspension rescinded. Within 30 days after receipt of a written request or the first appearance date on the Uniform Traffic Ticket issued pursuant to a violation of Section 11-501 [625 ILCS 5/11-501], or a similar provision of a local ordinance, the hearing shall be conducted by the circuit court having jurisdiction. This judicial hearing, request, or process shall not stay or delay the statutory summary suspension.

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Cite This Page — Counsel Stack

Bluebook (online)
843 N.E.2d 308, 218 Ill. 2d 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcclure-ill-2006.