{ "id": 1544429, "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff, v. DANIEL E. SCHMIDT, Defendant-Appellee (George H. Ryan, Secretary of State, Appellant)", "name_abbreviation": "People v. Schmidt", "decision_date": "1997-01-30", "docket_number": "No. 3\u201496\u20140471", "first_page": "322", "last_page": "325", "citations": [ { "type": "official", "cite": "286 Ill. App. 3d 322" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "570 N.E.2d 8", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 3, "year": 1991, "pin_cites": [ { "page": "9" }, { "page": "9" }, { "page": "9" } ], "opinion_index": 0 }, { "cite": "211 Ill. App. 3d 99", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2529432 ], "weight": 3, "year": 1991, "pin_cites": [ { "page": "101" }, { "page": "101" }, { "page": "101" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/211/0099-01" ] }, { "cite": "345 N.E.2d 493", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1976, "pin_cites": [ { "page": "495" } ], "opinion_index": 0 }, { "cite": "63 Ill. 2d 128", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5426498 ], "year": 1976, "pin_cites": [ { "page": "133" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/63/0128-01" ] } ], "analysis": { "cardinality": 323, "char_count": 5323, "ocr_confidence": 0.759, "pagerank": { "raw": 1.942915841588826e-07, "percentile": 0.7357332415905329 }, "sha256": "94d412095aee3d015e1fb1d89f4f05b18e73ad32756df4f3dfb5c00280d2a67e", "simhash": "1:82a137c79762b62a", "word_count": 886 }, "last_updated": "2023-07-14T20:24:46.991294+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff, v. DANIEL E. SCHMIDT, Defendant-Appellee (George H. Ryan, Secretary of State, Appellant)." ], "opinions": [ { "text": "JUSTICE McCUSKEY\ndelivered the opinion of the court:\nThe defendant, Daniel E. Schmidt, was charged with driving under the influence of alcohol (625 ILCS 5/11\u2014501 (West 1994)) and improper lane usage (625 ILCS 5/11\u2014709 (West 1994)). His driver\u2019s license was subsequently suspended on two grounds: (1) for driving with a blood-alcohol concentration of .10 or more (statutory summary suspension) (625 ILCS 5/11\u2014501.1 (West 1994)); and (2) for driving with alcohol in his system while he was under the age of 21 (\"zero tolerance\u201d suspension) (625 ILCS 5/11\u2014501.8 (West 1994)).\nThe trial court ordered the Secretary of State (Secretary) to issue the defendant a judicial driving permit (JDP). On appeal, the Secretary claims the trial court\u2019s order was erroneous. After carefully reviewing the record, we agree with the Secretary and reverse.\nWe initially note that the defendant has not filed an appellee\u2019s brief. However, since the record is simple and we can easily decide the issue raised without the aid of an appellee\u2019s brief, we shall decide the merits of the appeal. First Capitol Mortgage Corp. v. Talandis Construction Corp., 63 Ill. 2d 128, 133, 345 N.E.2d 493, 495 (1976).\nFACTS\nThe record reflects that around 3 a.m. on February 17, 1996. the 20-year-old defendant was injured when he drove his parents\u2019 vehicle off a roadway and into a utility pole. The police report indicates the defendant\u2019s eyes were bloodshot, his speech was slurred, and he admitted that he had been drinking alcohol. The defendant was taken to a hospital where he submitted a blood sample for blood-alcohol testing. The test results showed a blood-alcohol level of .165. The defendant was given a notice that stated that his license would be suspended on April 3, 1996.\nOn March 28, 1996, the trial court ordered the Secretary to issue the defendant a JDP. On April 3, 1996, the Secretary informed the trial court that the defendant was ineligible for a JDP because the defendant had received a suspension pursuant to the \"zero tolerance\u201d law. See 625 ILCS 5/11\u2014501.8 (West 1994). Consequently, the Secretary requested that the trial court reconsider its issuance of the JDP. On April 19, 1996, the trial court declined the Secretary\u2019s request and re-issued the original order granting the JDP.\nANALYSIS\nOn appeal, the Secretary argues that the trial court erred in granting the defendant a JDP. The Secretary claims the trial court lacked the authority to issue a JDP because one of the bases for the defendant\u2019s suspension was the violation of the \"zero tolerance\u201d law. We agree with the Secretary\u2019s contention.\nUnder the \"zero tolerance\u201d law, if a driver who is less than 21 years of age submits to a test which reveals a blood-alcohol concentration of more than 0.00, the Secretary shall suspend his driving privileges. 625 ILCS 5/11\u2014501.8(d) (West 1994). The \"zero tolerance\u201d provision does not provide for issuance of a JDP. 625 ILCS 5/11\u2014501.8 (West 1994). However, it does permit a driver to receive a restricted driving permit at the Secretary\u2019s discretion. 625 ILCS 5/11\u2014501.8(e)(7) (West 1994).\nA statutory summary suspension is issued when a defendant has refused a breath test or he takes the test and it shows an alcohol level of .10 or more. 625 ILCS 5/11\u2014501.1 (West 1994). To relieve such a suspension, the trial court may order the Secretary to issue a JDP to qualifying individuals. 625 ILCS 5/6\u2014206.1 (West 1994). Thus, while the statutory summary suspension statute provides for the issuance of a JDP, the \"zero tolerance\u201d statute does not.\nIn the instant case, the defendant\u2019s license was suspended pursuant to the \"zero tolerance\u201d law and the statutory summary suspension law. As a first offender, the defendant would normally have been eligible to receive a JDP to relieve the statutory summary suspension. See 625 ILCS 5/11\u2014501.1 (West 1994). However, in the case at hand, the JDP the defendant received was invalid because it could not relieve the effect of the \"zero tolerance\u201d suspension. See People v. Boyd, 211 Ill. App. 3d 99, 101, 570 N.E.2d 8, 9 (1991).\nIn Boyd, the court noted that a JDP is \"only effective for statutory summary suspensions.\u201d Boyd, 211 Ill. App. 3d at 101, 570 N.E.2d at 9. The court observed that a JDP has no impact on other revocations or suspensions authorized by the Vehicle Code, stating \"if a driver\u2019s underlying driving privileges are lost for another reason and he also has received a statutory summary suspension, the court cannot issue a JDP.\u201d (Emphasis added.) Boyd, 211 Ill. App. 3d at 101, 570 N.E.2d at 9.\nHere, the defendant lost his driving privileges pursuant to the \"zero tolerance\u201d statute and the statutory summary suspension statute. Accordingly, pursuant to Boyd, the trial court had no authority to issue the defendant a JDP.\nFor the reasons stated, the judgment of the circuit court of Rock Island County is reversed.\nReversed.\nBRESLIN and HOMER, JJ., concur.", "type": "majority", "author": "JUSTICE McCUSKEY" } ], "attorneys": [ "James E. Ryan, Attorney General, of Chicago (Barbara A. Preiner, Solicitor General, and Karen J. Dimond, Assistant Attorney General, of counsel), for appellant.", "Daniel E. Schmidt, of Moline, for appellee." ], "corrections": "", "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff, v. DANIEL E. SCHMIDT, Defendant-Appellee (George H. Ryan, Secretary of State, Appellant).\nThird District\nNo. 3\u201496\u20140471\nOpinion filed January 30, 1997.\nJames E. Ryan, Attorney General, of Chicago (Barbara A. Preiner, Solicitor General, and Karen J. Dimond, Assistant Attorney General, of counsel), for appellant.\nDaniel E. Schmidt, of Moline, for appellee." }, "file_name": "0322-01", "first_page_order": 340, "last_page_order": 343 }