People v. Rodriguez

791 N.E.2d 707, 339 Ill. App. 3d 677, 274 Ill. Dec. 615
CourtAppellate Court of Illinois
DecidedJune 20, 2003
Docket2-01-1197
StatusPublished

This text of 791 N.E.2d 707 (People v. Rodriguez) 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
People v. Rodriguez, 791 N.E.2d 707, 339 Ill. App. 3d 677, 274 Ill. Dec. 615 (Ill. Ct. App. 2003).

Opinion

791 N.E.2d 707 (2003)
339 Ill. App.3d 677
274 Ill.Dec. 615

The PEOPLE of the State of Illinois, Plaintiff-Appellee,
v.
Edward RODRIGUEZ, Defendant-Appellant.

No. 2-01-1197.

Appellate Court of Illinois, Second District.

June 20, 2003.

*708 Donald J. Ramsell, Christopher B. Klis, Ramsell & Armamentos, Wheaton, for Edward Rodriquez.

Joseph E. Birkett, Du Page County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, David A. Bernhard, State's Attorneys Appellate Prosecutor, Elgin, Kenneth L. Gillis, Chicago, for the People.

Justice GILLERAN JOHNSON delivered the opinion of the court:

The defendant, Edward Rodriguez, appeals from the October 11, 2001, order of the circuit court of Du Page County granting the State's motion to strike his petition to rescind the statutory summary suspension of his driver's license. On appeal, the defendant contends that the trial court erred in determining that his petition to rescind was untimely. We affirm.

On February 25, 2001, the defendant was arrested and subsequently charged with driving under the influence of alcohol (DUI) in violation of section 11-501 of the Illinois Vehicle Code (the Vehicle Code) (625 ILCS 5/11-501 (West 2000)). The defendant was stopped after a police officer observed him driving erratically. Because he refused to submit to chemical testing, the defendant's driver's license was summarily suspended for at least six months pursuant to section 11-501.1 of the Vehicle Code (625 ILCS 5/11-501.1 (West 2000)). On March 2, 2001, the defendant filed a timely petition to rescind the summary suspension. See 625 ILCS 5/2-118.1 (West 2000). However, the defendant voluntarily dismissed his petition on May 2, 2001. On September 18, 2001, the defendant refiled his petition to rescind the summary suspension. The State filed a motion to strike the defendant's petition, *709 arguing that it was untimely because it had not been brought within 90 days of his summary suspension as was required by section 2-118.1 of the Vehicle Code. In response, the defendant argued that section 13-217 of the Code of Civil Procedure (the Civil Code) (735 ILCS 5/13-217 (West 2000)) allowed him one year from the date of the voluntary dismissal to refile his petition. Following a hearing, the trial court rejected the defendant's argument and granted the State's motion to strike his petition. The defendant thereafter filed a timely notice of appeal.

The issue presented in this case is whether the defendant is permitted to refile his petition to rescind his summary suspension beyond the 90-day period prescribed by section 2-118.1(b) of the Vehicle Code (625 ILCS 5/2-118.1(b) (West 2000)). As this issue involves a purely legal question, we review the trial court's decision de novo. Clay v. Kuhl, 297 Ill.App.3d 15, 20, 231 Ill.Dec. 674, 696 N.E.2d 1245 (1998).

Section 11-501.1 of the Vehicle Code (625 5/11-501.1 (West 2000)) authorizes the Secretary of State to summarily suspend the driving privileges of a person arrested for DUI. Due to the fact that it often takes a long time for the State to prosecute impaired drivers and to remove their drivers' licenses, the legislature has enacted a system separate from the criminal proceeding wherein a defendant may petition to rescind his summary suspension. See People v. Moore, 138 Ill.2d 162, 166, 149 Ill.Dec. 278, 561 N.E.2d 648 (1990). The hearing on such a petition is of a rather unique nature. See People v. Williams, 206 Ill.App.3d 1071, 1073, 151 Ill.Dec. 893, 565 N.E.2d 164 (1990). Although this hearing originates from a criminal proceeding, it is civil in nature. See Moore, 138 Ill.2d at 167, 149 Ill.Dec. 278, 561 N.E.2d 648. However, this hearing differs from other civil proceedings. See, e.g., Moore, 138 Ill.2d at 167, 149 Ill.Dec. 278, 561 N.E.2d 648 (a verdict in the defendant's favor cannot have a collateral estoppel effect on the underlying criminal proceeding); People v. Farrell, 158 Ill.App.3d 690, 692, 110 Ill.Dec. 430, 511 N.E.2d 265 (1987) (although rules of civil procedure permit amendment of pleadings, the State is not permitted in a rescission hearing to amend at the hearing and include the sworn officer's report that is required by statute).

The right of a driver to request a hearing to challenge the summary suspension of his driving privileges is established through section 2-118.1(b) of the Vehicle Code. This section provides in pertinent part:

"Within 90 days after the notice of statutory summary suspension [is] served * * *, the person may make a written request for a judicial hearing in the circuit court of venue." 625 ILCS 5/2-118.1(b) (West 2000).

Section 2-118.1 is silent as to whether a defendant may refile a petition that he or she has voluntarily dismissed, and if so, how long he or she has to refile the petition. However, section 2-118.1(b) provides that the "hearings shall proceed in the court in the same manner as in other civil proceedings." 625 ILCS 5/2-118.1(b) (West 2000). Generally, in other civil proceedings, a party has the right to refile within one year a claim that he has voluntarily dismissed. See 735 ILCS 5/13-217 (West 2000). Thus, the issue becomes whether this right to refile also extends to one's right to challenge his summary suspension pursuant to section 2-118.1(b) of the Vehicle Code.

The principles governing statutory interpretation are well settled. The fundamental principle of statutory construction is to ascertain and give effect to the intent of the legislature. Lieb v. Judges' Retirement *710 System, 314 Ill.App.3d 87, 92, 247 Ill.Dec. 36, 731 N.E.2d 809 (2000). We must first look to the words of the statute as the best indication of legislative intent. However, if the words used in a statute are ambiguous or if the meaning is unclear, the court may consider the legislative history as an aid to construction. Armstrong v. Hedlund Corp., 316 Ill. App.3d 1097, 1106, 250 Ill.Dec. 199, 738 N.E.2d 163 (2000). A statute is ambiguous if it is capable of two reasonable and conflicting interpretations. Paciga v. Property Tax Appeal Board, 322 Ill.App.3d 157, 161, 255 Ill.Dec. 590, 749 N.E.2d 1072 (2001).

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Bluebook (online)
791 N.E.2d 707, 339 Ill. App. 3d 677, 274 Ill. Dec. 615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rodriguez-illappct-2003.