{
  "id": 2432623,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. DENNIS HUTSON, Defendant-Appellee",
  "name_abbreviation": "People v. Hutson",
  "decision_date": "1989-01-18",
  "docket_number": "No. 3-88-0171",
  "first_page": "836",
  "last_page": "838",
  "citations": [
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      "type": "official",
      "cite": "178 Ill. App. 3d 836"
    }
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
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      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
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    {
      "cite": "130 Ill. App. 3d 704",
      "category": "reporters:state",
      "reporter": "Ill. App. 3d",
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        "/ill-app-3d/130/0704-01"
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  "last_updated": "2023-07-14T17:15:09.210343+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. DENNIS HUTSON, Defendant-Appellee."
    ],
    "opinions": [
      {
        "text": "JUSTICE BARRY\ndelivered the opinion of the court:\nThe State appeals from the trial court\u2019s dismissal of the charge that the defendant, Dennis Hutson, drove while his license was revoked or suspended (Ill. Rev. Stat. 1985, ch. 951/2, par. 6 \u2014 303(a)). We affirm.\nIn April of 1973, the defendant had his Elinois driver\u2019s license revoked by the Illinois Secretary of State (Ill. Rev. Stat. 1973, ch. 95x/2, par. 6 \u2014 205(a)(2)). Thereafter, the defendant moved to Iowa, which the parties agree is a member State under the Driver\u2019s License Compact (Ill. Rev. Stat. 1985, ch. 951/2, pars. 6 \u2014 700 through 6 \u2014 708). In February of 1979, the defendant obtained an Iowa driver\u2019s license. His Iowa license expired in January of 1983.\nIn 1984, the defendant moved back to Blinois. He did not obtain an Blinois driver\u2019s license. In December of 1987, the defendant was arrested while driving in Blinois. He was issued the instant citation for driving while his license was revoked. The defendant moved to dismiss the charge, referring to the Iowa driver\u2019s license which he had acquired after his Blinois suspension. The court granted the defendant\u2019s motion to dismiss and this appeal followed.\nOn appeal, the State argues that the court erred in dismissing the charge because at the time of the defendant\u2019s arrest, the revocation of his Blinois driving privileges was still in effect.\nIn the State\u2019-s view, a valid license issued by a member State of the Driver\u2019s License Compact (Compact) merely provides a limited, and perhaps temporary, exception to the Blinois Vehicle Code\u2019s section 6 \u2014 210 (Ill. Rev. Stat. 1985, ch. 95x/2, par. 6 \u2014 210) prohibition against a person\u2019s operating a motor vehicle in Blinois when his Blinois license has been suspended or revoked. According to the State, although the defendant was covered under that exception while his Iowa license was valid, his exception expired when his Iowa license expired; the issuance of the Iowa driver\u2019s license did not remove or rescind the revoked status of the defendant\u2019s Blinois driver\u2019s license entered in 1973.\nIn the defendant\u2019s view, when a Compact State issues a driver\u2019s license to a suspended or revoked Blinois driver, the Blinois suspension or revocation is ended. The defendant correctly suggests that an Blinois suspension or revocation is ended when Blinois properly issues a license to a driver revoked in Blinois. According to the defendant, there is no reason to find that a license properly issued by a foreign State under the Compact has a different effect. We agree with the defendant.\nThe Vehicle Code does not explicitly provide for the termination of an Blinois suspension or revocation, except by relicensing procedures followed in Blinois. (Ill. Rev. Stat. 1985, ch. 95x/2, par. 6\u2014 208.) However, the Compact provides for a foreign State to relicense a revoked Blinois driv\u00e9r and that provision is essentially parallel to the Vehicle Code\u2019s section 6 \u2014 208 provision for Blinois to relicense such a driver. Ill. Rev. Stat. 1985, ch. 95V2, pars. 6 \u2014 704(2), 6 \u2014 208(b).\nReciprocity among Compact member States is a policy underlying the Compact, as enacted in the Vehicle Code. (Ill. Rev. Stat. 1985, ch. 951/2, par. 6 \u2014 701.) Furthermore, the Vehicle Code explicitly provides that a foreign State\u2019s decision to license a driver revoked in Illinois can supersede an Illinois revocation. Ill. Rev. Stat. 1985, ch. 95^2, par. 6-210; People v. Klaub (1985), 130 Ill. App. 3d 704, 474 N.E.2d 851.\nWe find that the proper issuance of a foreign license'under the Compact terminates an . Illinois revocation in the same way that issuance of an Illinois license under section 6 \u2014 208 of the Vehicle Code terminates an Illinois revocation. To find otherwise would arbitrarily assign an inferior position to persons relicensed in a foreign Compact State. It also would undervalue Illinois\u2019 commitment to reciprocity under the Compact. We find no legislative preference for those results.\nBased on the foregoing, we affirm the judgment of the circuit court of Hancock County.\nAffirmed.\nSTOUDER, P.J., and HEIPLE, J., concur.",
        "type": "majority",
        "author": "JUSTICE BARRY"
      }
    ],
    "attorneys": [
      "Samuel Naylor VI, State\u2019s Attorney, of Carthage (Gary F. Gnidovec, of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People.",
      "John R. Glidden and Stanley L. Tucker, both of Hartzell, Glidden, Tucker, Neff & O\u2019Neal, of Carthage, for appellee."
    ],
    "corrections": "",
    "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. DENNIS HUTSON, Defendant-Appellee.\nThird District\nNo. 3-88-0171\nOpinion filed January 18, 1989.\nSamuel Naylor VI, State\u2019s Attorney, of Carthage (Gary F. Gnidovec, of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People.\nJohn R. Glidden and Stanley L. Tucker, both of Hartzell, Glidden, Tucker, Neff & O\u2019Neal, of Carthage, for appellee."
  },
  "file_name": "0836-01",
  "first_page_order": 858,
  "last_page_order": 860
}