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Cusack v. Edgar

OPINION FILED OCTOBER 15, 1985.

JAMES M. CUSACK, PLAINTIFF-APPELLANT,

v.

JIM EDGAR, SECRETARY OF STATE, DEFENDANT-APPELLEE.



Appeal from the Circuit Court of Cook County; the Hon. Albert S. Porter, Judge, presiding.

JUSTICE CAMPBELL DELIVERED THE OPINION OF THE COURT:

The plaintiff, James Cusack, filed a petition with defendant, the Secretary of State, requesting a restricted driving permit (hereinafter permit) subsequent to the suspension of his driving privileges for driving while under the influence of alcohol. After a hearing, defendant denied plaintiff's request. Thereafter, plaintiff filed a complaint for administrative review, again seeking a permit. After a hearing, the trial court dismissed plaintiff's complaint. Plaintiff appeals, contending that defendant's denial of his request for a permit was contrary to the manifest weight of the evidence, was arbitrary and capricious and was also erroneous.

The record on appeal discloses that plaintiff was convicted of driving while under the influence of alcohol on May 24, 1983, as a result of his arrest for the same offense on April 28, 1982, in Sangamon County. Following that conviction, plaintiff's license was revoked on June 9, 1983, pursuant to section 6-205(a)(2) of the Illinois Vehicle Code. (Ill. Rev. Stat. 1983, ch. 95 1/2, par. 6-205(a)(2).) Plaintiff then applied for the permit on May 18, 1984, and a formal hearing was held regarding his application on June 21, 1984. At that hearing, plaintiff's driving record was introduced into evidence. It consisted of the following convictions:

1. A conviction was entered on October 1, 1973, for speeding;

2. A conviction was entered on April 15, 1974, for lane violations;

3. From April 12, 1974, until July 12, 1974, plaintiff's license was suspended after an incident involving implied consent;

4. A conviction was entered on May 10, 1975, for disregarding a stop sign;

5. A conviction was entered on November 18, 1975, for failing to drive on the right side of the road;

6. A Florida conviction was entered on July 22, 1980, for driving while under the influence of alcohol;

7. From September 8, 1980, until July 8, 1981, plaintiff's license was suspended pursuant to section 6-206(a)(6) of the Illinois Vehicle Code;

8. A conviction was entered on October 2, 1980, for speeding;

9. The aforesaid conviction for driving while under the influence of alcohol in Sangamon County was entered on May 24, 1983.

Plaintiff testified that on April 28, 1982, he had been working at his mother's home and had been drinking beer. Subsequently, he drove out for supplies and later stopped at a tavern where he had "one or two beers." Plaintiff stated:

"On the way back I stopped at a tavern, for a beer again, that I had never been in before. I was there and I can't remember if I had one or two beers, but I was there briefly. Then as I left the place a car followed me about two blocks from the parking lot. The fellow flashed his lights, his headlights off and on. I pulled over and asked him what was the matter. He said that I had scraped his fender pulling out of the parking lot, and I said I didn't notice I did that, but if I did I would take care of it. We looked at the car and there was no apparent damage, there was none to mine. He asked me to wait there for the police and I agreed, so I stood alongside of the road for over half an hour. The police finally came, no ticket was issued ...


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