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08/31/87 Frank J. Caracci, v. Jim Edgar

August 31, 1987

FRANK J. CARACCI, PLAINTIFF-APPELLEE

v.

JIM EDGAR, SECRETARY OF STATE, DEFENDANT-APPELLANT

ALTHOUGH CARACCI HAS NOT FILED AN APPELLEE'S BRIEF, THIS DOES NOT AFFECT OUR DISPOSITION OF THIS APPEAL. FIRST CAPITOL MORTGAGE CORP

v.

TALANDIS CONSTRUCTION CORP. (1976), 63 ILL. 2D 128, 133, 345 N.E.2D 493.



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION

513 N.E.2d 932, 160 Ill. App. 3d 892, 112 Ill. Dec. 323 1987.IL.1263

Appeal from the Circuit Court of Cook County; the Hon. Arthur L. Dunne, Judge, presiding.

APPELLATE Judges:

JUSTICE BUCKLEY delivered the opinion of the court. CAMPBELL and O'CONNOR, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE BUCKLEY

Frank J. Caracci, hereinafter Caracci, brought an administrative review action to challenge a decision of the Secretary of State, hereinafter Edgar, denying his petition for reinstatement of full driving privileges or for the issuance of a restricted driving permit. The trial court reversed, and Edgar has appealed contending: (1) reinstatement of Caracci's driving privileges has been rendered moot by the subsequent automatic revocation of Caracci's driver's license as a result of a separate conviction for driving under the influence; (2) Edgar properly considered Caracci's entire driving record, including arrests, in determining whether to reinstate his driving privileges; (3) the denial of reinstatement privileges was not against the manifest weight of the evidence; (4) the circuit court improperly reversed Edgar's ruling without remanding the matter to determine if Caracci's privileges should be fully reinstated or whether a restricted driving permit should be issued; and (5) an order dismissing the cause for want of prosecution entered eight months prior to the circuit court's order reversing Edgar's decision was improperly vacated nunc pro tunc.

Caracci testified at the 1983 administrative hearing that he was 25 years old, he worked in his father's hairdressing salon and sold vitamins part time in the evenings. He drove to work with his father. An alcohol evaluation from Meldman and Associates was admitted which concluded that Caracci "does not have a problem in his life situation with alcohol." Caracci further testified that he was not an alcoholic "any more." He explained that when he was drinking he never lost consciousness or experienced a loss of memory from consuming alcohol and never engaged in daily drinking. Moreover, he explained that he had not had a drink in over a year and he had started a vigorous exercise program. He explained the drinking problem between 1976 and 1981 stemmed from his drinking with his friends, but felt that he had now substantially matured and was a totally different person. He also emphasized that he had never been involved in an automobile accident.

Joseph Caracci, Caracci's father, testified that he had personal problems and lost his house and business when his son was a teenager, and he did not recognize the situation when the son began having problems. He felt his son liked to be with his friends and was slow in maturing, but in the last 18 months he had developed into a "real man." Caracci's father recalled that the last time he saw Caracci intoxicated was two years earlier.

The hearing officer found that Caracci's driving record included the following infractions:

(a) Convictions for failure to obey a lawful order of the police and disobeying a traffic control light on August 27, 1976.

(b) A speeding conviction on March 2, 1977.

(c) A two-month suspension of driving privileges for being convicted of three or more moving violations within a 12-month period from June 7, 1977 to August 7, 1977.

(d) A conviction for disregarding a traffic control light ...


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