{
  "id": 2583268,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff, v. KENNETH R. HELTON, Defendant-Appellee (Jim Edgar, Secretary of State, Appellant)",
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  "casebody": {
    "judges": [],
    "parties": [
      "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff, v. KENNETH R. HELTON, Defendant-Appellee (Jim Edgar, Secretary of State, Appellant)."
    ],
    "opinions": [
      {
        "text": "PRESIDING JUSTICE UNVERZAGT\ndelivered the opinion of the court:\nPlaintiff, the Secretary of State (Secretary), appeals an order of the circuit court of Winnebago County granting a judicial driving permit (JDP) to defendant, Kenneth R. Helton. The Secretary raises one issue on appeal: whether the trial court erred by ordering the Secretary to issue a JDP to defendant, who was not a statutory first offender within the meaning of section 11 \u2014 500 of the Illinois Vehicle Code (Code) (Ill. Rev. Stat. 1989, ch. 951/2, par. 11-500).\nDefendant has not filed an appellee's brief in response. We will, however, consider the appeal under the standard set forth in First Capitol Mortgage Corp. v. Talandis Construction Corp. (1976), 63 Ill. 2d 128.\nOn July 20, 1989, defendant was arrested for driving under the influence of alcohol (DUI) (Ill. Rev. Stat. 1987, ch. 951/2, par. 11\u2014 501). Defendant was served the same day with a notice of statutory summary suspension of his driving privileges. The notice did not state whether defendant was a first offender.\nOn August 4, 1989, defendant filed a petition for a JDP to relieve hardship. He declared that he was a first offender as defined in section 11 \u2014 500 of the Code (111. Rev. Stat. 1987, ch. 95^2, par. 11 \u2014 500). A copy of the abstract of defendant\u2019s driving record is contained in the record. The Secretary has failed to provide an explanation of the abstract. We would like to note our agreement with the suggestion made by the court in People v. Kerr (1990), 196 Ill.\nApp. 3d 207, 212-13, that it would be much better practice for the Secretary to provide, in each case, an explanation of the driving record of that specific driver. However, as well as can be determined by this court (see People v. Duff (1989), 181 Ill. App. 3d 324, 326), the abstract reveals that defendant was previously arrested for DUI on March 6, 1984. Based on that offense, he was given court supervision on October 5, 1984.\nThe trial court found that defendant was a first offender as defined by the statute and granted defendant\u2019s petition. On October 10, 1989, the court entered an order directing that the Secretary issue a JDP to defendant for the purpose of driving to and from his place of employment. The Secretary, in a letter dated October 23, 1989, requested that the court reassess its decision to order the issuance of the JDP because defendant\u2019s record indicated that he was a second offender. Defendant then filed a motion asking that the court reassess the matter so that the JDP could be issued. On November 20, 1989, the court entered an order again finding that defendant was a first offender, stating, in pertinent part:\n\u201cThat the one constant and fair date in determining the five (5) year requirement under section 11 \u2014 501 [sic], Chapter 95V2j ILLINOIS REVISED STATUTES, is the date of arrest and/or offense, which in the instant case is in excess of five (5) years.\u201d\nThe court then ordered that the original order for the JDP be resubmitted to the Secretary for issuance.\nOn appeal, the Secretary contends that the trial court should not have granted a JDP to defendant because he is not a statutory first offender. Section 6 \u2014 206.1(a) authorizes the trial court to grant a first offender\u2019s petition for a JDP to relieve undue hardship. (111. Rev. Stat. 1989, ch. 95V2, par. 6 \u2014 206.1(a).) At the time of the trial court\u2019s ruling, a first offender was defined as:\n\u201c[A]ny person who has not had a previous conviction or court assigned supervision for violating Section 11 \u2014 501 *** within 5 years prior to the date of the current offense ***.\u201d (111. Rev. Stat. 1989, ch. 951/2, par. 11 \u2014 500 (amended by Pub. Act 86-929, eff. Sept. 21, 1989).)\nPrior to the amendment, the statute similarly defined a first offender as \u201cany person who has not had a previous conviction or court assigned supervision for violating Section 11 \u2014 501 *** within the last 5 years.\u201d Ill. Rev. Stat. 1987, ch. 95V2, par. 11 \u2014 500.\nThe Secretary argues that it was error for the trial court to order the issuance of a JDP because the defendant was arrested for\n__ DUI on July 20, 1989, and this occurred less than five years from defendant\u2019s assignment to court supervision on October 5, 1984. The Secretary cites People ex rel. Edgar v. Pence (1989), 191 Ill. App. 3d 96, 99, and People ex rel. Edgar v. Curley (1989), 188 Ill. App. 3d 37, 39, two third district cases which have held that the relevant date is the date the defendant received court-assigned supervision, not the date of the defendant\u2019s prior arrest.\nThe second district has, in fact, also concluded that, based on the language of the statute, the five-year period commences with the date of the defendant\u2019s assignment to supervision and not from the date of his prior arrest. (People v. Reymar (1990), 197 Ill. App. 3d 224, 225; People v. Brom (1989), 189 Ill. App. 3d 910, 912 (dictum); People v. Duff (1989), 181 Ill. App. 3d 324, 326.) The same conclusion has been reached by the fourth district. (See People v. Sandness (1990), 197 Ill. App. 3d 486; People v. Kerr (1990), 196 Ill. App. 3d 207.) This court has recently found, in upholding the constitutionality of the statute, that the date of conviction (or assignment to supervision) is the most practical commencement point for the five-year period. People v. Tritthardt (1990), 195 Ill. App. 3d 167, 170.\nSince defendant was arrested for DUI within five years of his prior assignment of supervision for DUI, he does not fall within the first-offender category and was ineligible to receive a JDP. The trial court therefore abused its discretion in granting defendant\u2019s petition for a JDP.\nThe order of the circuit court of Winnebago County is reversed.\nReversed.\nREINHARD and WOODWARD, JJ., concur.",
        "type": "majority",
        "author": "PRESIDING JUSTICE UNVERZAGT"
      }
    ],
    "attorneys": [
      "Neil F. Hartigan, Attorney General, of Springfield (Robert J. Ruiz, Solicitor General, and Jerald S. Post, Assistant Attorney General, of Chicago, of counsel), for appellant Jim Edgar.",
      "Paul A. Logli, State\u2019s Attorney, of Rockford (William L. Browers, of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People.",
      "No brief filed for appellee."
    ],
    "corrections": "",
    "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff, v. KENNETH R. HELTON, Defendant-Appellee (Jim Edgar, Secretary of State, Appellant).\nSecond District\nNo. 2\u2014 89\u20141307\nOpinion filed September 12, 1990.\nNeil F. Hartigan, Attorney General, of Springfield (Robert J. Ruiz, Solicitor General, and Jerald S. Post, Assistant Attorney General, of Chicago, of counsel), for appellant Jim Edgar.\nPaul A. Logli, State\u2019s Attorney, of Rockford (William L. Browers, of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People.\nNo brief filed for appellee."
  },
  "file_name": "0324-01",
  "first_page_order": 346,
  "last_page_order": 349
}