{
  "id": 5252815,
  "name": "THE PEOPLE ex rel. JIM EDGAR, Secretary of State, Plaintiff-Appellant, v. WALTER G. WARNER, Defendant-Appellee",
  "name_abbreviation": "People ex rel. Edgar v. Warner",
  "decision_date": "1991-12-31",
  "docket_number": "No. 1\u201489\u20142990",
  "first_page": "436",
  "last_page": "438",
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    "id": 8837,
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  "last_updated": "2023-07-14T21:10:25.672470+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "THE PEOPLE ex rel. JIM EDGAR, Secretary of State, Plaintiff-Appellant, v. WALTER G. WARNER, Defendant-Appellee."
    ],
    "opinions": [
      {
        "text": "JUSTICE RIZZI\ndelivered the opinion of the court:\nPlaintiff, Jim Edgar, Secretary of State (the Secretary), appeals from an order of the trial court to issue defendant, Walter G. Warner, a judicial driving permit (JDP). (Ill. Rev. Stat. 1987, ch. 95\u00bd, par. 6\u2014106.1.) We reverse.\nOn January 26, 1983, defendant was arrested for driving while under the influence of alcohol (DUI). (Ill. Rev. Stat. 1987, ch. 95\u00bd, par. 11\u2014501.) On February 6, 1984, defendant was placed under court supervision.\nOn December 24, 1988, defendant was arrested again for DUI. Defendant was served immediate notice of summary suspension of his driving privileges pursuant to section 11 \u2014 501.1 of the Illinois Vehicle Code (Code) (Ill. Rev. Stat. 1987, ch. 95\u00bd, par. 110\u2014501.1). Defendant\u2019s driver\u2019s license was suspended effective February 8, 1989.\nDefendant requested a JDP alleging, inter alia, that he was a \u201cfirst offender\u201d pursuant to section 11 \u2014 500 of the Code. (Ill. Rev. Stat. 1987, ch. 95\u00bd, par. 11\u2014500.) Defendant also petitioned the court to rescind the suspension of his driver\u2019s license, and he filed a motion for consideration of supervision stating that he had \u201cnever been arrested in this or any other jurisdiction for any alcohol or drug related driving offense.\u201d\nOn June 2, 1989, the trial court ordered the Secretary to issue a JDP to defendant. On June 12, 1989, the Secretary wrote a letter to the clerk of the circuit court stating that he had no authority to issue said permit because defendant was not a \u201cfirst offender\u201d within the meaning of the Code. On October 6, 1989, the trial court reconsidered the matter and again ordered the Secretary to issue a JDP to defendant. On November 3, 1989, the Secretary filed a notice of appeal seeking to reverse the trial court\u2019s order of October 6,1989. This appeal ensued.\nThe sole issue on appeal is whether defendant was a \u201cfirst offender\u201d as defined in section 11 \u2014 500 of the Code (Ill. Rev. Stat. 1987, ch. 95\u00bd, par. 11\u2014500) and was therefore eligible for a JDR\nIndividuals who are arrested for DUI have their driving privileges summarily suspended. (Ill. Rev. Stat. 1987, ch. 95\u00bd, par. 6\u2014206.1(B).) Defendants who are first offenders may seek limited driving privileges in the form of a JDP. (Ill. Rev. Stat. 1987, ch. 95\u00bd, par. 6\u2014206.1(B)(a); People ex rel. Edgar v. Pence (1989), 191 Ill. App. 3d 96, 99, 546 N.E.2d 1182, 1184.) For the purpose of interpreting section 6 \u2014 206.1 of the Code, a \u201cfirst offender\u201d is \u201cany person who has not had a previous conviction or court assigned supervision for violating Section 11 \u2014 501, or a similar provision of a local ordinance *** within the last 5 years.\u201d (Ill. Rev. Stat. 1987, ch. 95\u00bd, par. 11\u2014500; see Pence, 191 Ill. App. 3d at 98, 546 N.E.2d at 1183-84.) \u201c[T]he dispositive question is whether the second DUI arrest occurs within five years of the disposition of the offender\u2019s previous DUI arrest.\u201d Pence, 191 Ill. App. 3d at 99, 546 N.E.2d at 1184.\nThe record shows that defendant was placed under court assigned supervision on February 6, 1984, and that he was arrested again on December 24, 1988, less than five years after his supervision began on February 6, 1984. Therefore, defendant is not a \u201cfirst offender\u201d within the meaning of sections 11 \u2014 500 and 6\u2014 201.1(B)(a) of the Code (Ill. Rev. Stat. 1987, ch. 95\u00bd, pars. 6\u2014206.1(B)(a), 11\u2014500), and he was not entitled to a JDP. The trial court erred when it ordered the Secretary to issue a JDP to defendant.\nAccordingly, the order of the circuit court is reversed.\nReversed.\nCERDA, P.J., and GREIMAN, J., concur.",
        "type": "majority",
        "author": "JUSTICE RIZZI"
      }
    ],
    "attorneys": [
      "Neil F. Hartigan, Attorney General, of Springfield (Jerald S. Post, Assistant Attorney General, of Chicago, of counsel), for appellant.",
      "No brief filed for appellee."
    ],
    "corrections": "",
    "head_matter": "THE PEOPLE ex rel. JIM EDGAR, Secretary of State, Plaintiff-Appellant, v. WALTER G. WARNER, Defendant-Appellee.\nFirst District (3rd Division)\nNo. 1\u201489\u20142990\nOpinion filed December 31, 1991.\nNeil F. Hartigan, Attorney General, of Springfield (Jerald S. Post, Assistant Attorney General, of Chicago, of counsel), for appellant.\nNo brief filed for appellee."
  },
  "file_name": "0436-01",
  "first_page_order": 460,
  "last_page_order": 462
}