{ "id": 2516026, "name": "The People of the State of Illinois, Plaintiff-Appellant, v. Helen Francis Quinn, Defendant-Appellee", "name_abbreviation": "People v. Quinn", "decision_date": "1974-03-21", "docket_number": "No. 12388", "first_page": "1058", "last_page": "1059", "citations": [ { "type": "official", "cite": "17 Ill. App. 3d 1058" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "274 N.E.2d 48", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "49 Ill.2d 431", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2911020 ], "pin_cites": [ { "page": "432" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/49/0431-01" ] }, { "cite": "253 N.E.2d 371", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "44 Ill.2d 28", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2891312 ], "pin_cites": [ { "page": "29" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/44/0028-01" ] } ], "analysis": { "cardinality": 259, "char_count": 3804, "ocr_confidence": 0.738, "pagerank": { "raw": 1.8301186262740916e-07, "percentile": 0.7206283069012904 }, "sha256": "e1c0b8f9914a88920ad7a3bab060856b5be267fea759c2ad2fafa3d50c2f6f84", "simhash": "1:d8cad01f2cc3aca4", "word_count": 618 }, "last_updated": "2023-07-14T21:35:57.081722+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "The People of the State of Illinois, Plaintiff-Appellant, v. Helen Francis Quinn, Defendant-Appellee." ], "opinions": [ { "text": "Mr. JUSTICE TRAPP\ndelivered the opinion of the court:\nDefendant was arrested and given a citation for driving under the influence of intoxicating liquor. At the police station she was informed of her \"implied consent\u201d to take breath analysis tests to determine the alcoholic content of her blood. (Ill. Rev. Stat., 1972 Supp., ch. 95%, par. 11 \u2014 501.1) She refused to submit to such tests.\nUpon notice from the clerk of the circuit court that her driver\u2019s license would be suspended unless a. timely request for a hearing was made, defendant petitioned for and-was granted a hearing on the matter of her license suspension. Such an \u201cimplied consent\u201d hearing is limited to the issues of whether there was an arrest on reasonable grounds for driving while under the influence of intoxicating liquor, whether the person was properly informed of the consequences of refusing the tests, and whether the person so informed in fact refused to take the tests. Ill. Rev. Stat., 1972 Supp., ch. 95%, par. 11 \u2014 501.1(d).\nFollowing a hearing at which the State introduced evidence of the elements relevant to such hearings, the trial court entered an \u201corder\u201d finding that defendant had not, as required by statute, been properly informed as to the consequences of her refusal to submit to the breath analysis tests. The order further provided: \u201cThe clerk shall notify the Secretary of State of these findings.\u201d No other order appears in the record on appeal, and there is no copy of the notice to the Secretary of State in the record. The State\u2019s Attorney filed notice of appeal from the above order.\nThe implied consent law provides that where, as here, there has been an implied consent hearing:\n\u201cImmediately upon the termination of the court proceedings, the Clerk shall notify the Secretary of State of the Court\u2019s decision.\u201d Ill. Rev. Stat., 1972 Supp., ch. 95%, par. 11 \u2014 501.1(d).\nThe statute also requires that when there has been no hearing, the clerk shall so notify the Secretary of State when the time for filing a petition requesting an implied consent hearing (28 days) has elapsed. Thus, the statute clearly contemplates that final action in such cases shall be taken by the Secretary of State, whether or not there is an implied consent hearing in the circuit court.\nSection 6 \u2014 211(a) of the Illinois Vehicle Code provides:\n\u201cThe Secretary of State shall administer the provisions of this Chapter.\u201d (Emphasis supplied.)\nSection 6 \u2014 212 provides:\n\u201cThe provision of the \u2018Administrative Review Act\u2019 * * *\nshall apply to and govern all proceedings for the judicial review of final administrative decisions of the Secretary of State hereunder.\u201d\nSection 2 \u2014 118 provides for hearing subsequent to revocation or suspension of driving privileges, and that:\n\u201c(e) The action of the Secretary of State in suspending [or] revoking * * * any registration, license or permit * * * shall be subject to * * * the \u2018Administrative Review Act\u2019 \u00ab # #\u00bb\nIt is clear that the suspension of driving privileges pursuant to the statutory scheme noted is an administrative proceeding and that the factual determination by the circuit court which is referred to the Secretary of State, if an order at all, is interlocutory and is not appealable in itself. Downey v. Industrial Com., 44 Ill.2d 28, 29, 253 N.E.2d 371.\nThe appeal is therefore dismissed for want of a final judgment. Nichols v. Industrial Com., 49 Ill.2d 431, 432, 274 N.E.2d 48.\nAppeal dismissed.\nSMITH, P. J., and CRAVEN, J., concur.", "type": "majority", "author": "Mr. JUSTICE TRAPP" } ], "attorneys": [ "Paul R. Welch, State\u2019s Attorney, of Bloomington (Michael Prall, of Circuit Attorney Project, of counsel), for the People.", "No appearance for appellee." ], "corrections": "", "head_matter": "The People of the State of Illinois, Plaintiff-Appellant, v. Helen Francis Quinn, Defendant-Appellee.\n(No. 12388;\nFourth District\nMarch 21, 1974.\nRehearing denied April 22,1974.\nPaul R. Welch, State\u2019s Attorney, of Bloomington (Michael Prall, of Circuit Attorney Project, of counsel), for the People.\nNo appearance for appellee." }, "file_name": "1058-01", "first_page_order": 1080, "last_page_order": 1081 }