SUPREME COURT OF ILLINOIS
514 N.E.2d 977, 118 Ill. 2d 140, 113 Ill. Dec. 65 1987.IL.1498
Appeal from the Circuit Court of Adams County, the Hon. Paul A. Kolodziej, Judge, presiding.
JUSTICE WARD delivered the opinion of the court. JUSTICE CUNNINGHAM took no part in the consideration or decision of this case.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WARD
The defendant, Julia A. Inghram, was issued a traffic summons on April 2, 1986, for driving under the influence of alcohol , and her driving privileges were summarily suspended (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 11-501.1). Inghram filed a petition for limited driving privileges in the circuit court of Adams County requesting the issuance of a Judicial Driving Permit , as authorized by section 6-206.1 of the Illinois Vehicle Code (the Code) (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 6-206.1). The petition alleged that it was necessary to have an automobile to travel to her place of employment. The circuit court dismissed the petition on the ground that section 6-206.1 is unconstitutional as violating the separation of powers clause of the Illinois Constitution (Ill. Const. 1970, art. II, sec. 1). The Secretary of State (hereafter Secretary) appealed directly to this court pursuant to Supreme Court Rule 302(a) (107 Ill. 2d R. 302(a)). The defendant has not filed a brief in this court.
Where relevant, section 6 -- 206.1 provides:
"Declaration of Policy. It is hereby declared a policy of the State of Illinois that the driver who is impaired by alcohol or other drugs is a threat to the public safety and welfare. Therefore, to provide a deterrent to such practice and to remove problem drivers from the highway, a statutory summary driver's license suspension is appropriate. It is also recognized that driving is a privilege and that in some cases the granting of limited driving privileges, within the bounds of public safety, is warranted during this period of driver's license suspension in the form of a judicial driving permit to allow the person to continue employment and drive in connection with other necessary activities where no alternative means of transportation is available." Ill. Rev. Stat. 1985, ch. 95 1/2, par. 6-206.1.
The statute provides that one who has been arrested for the first time of driving while under the influence of alcohol or other drugs, after notification of the statutory summary suspension of driving privileges, may petition the circuit court for a JDP to avoid undue hardship. The issuance of a JDP is to be subject to certain conditions if issued to a petitioner in order to drive to his place of employment and subject to other conditions if issued to allow a means of transportation in order to receive alcohol or drug treatment or other medical care. (Ill. Rev. Stat. 1985, ch. 95 1/2, pars. 6-206.1(a)(1), (a)(2).) The statute also provides that a JDP shall not be issued to (1) any person unless the court is satisfied, after reviewing evaluations of the person's alcohol or drug use, that granting limited driving privileges will not endanger the public safety or welfare; (2) any person convicted of reckless homicide within the previous five years; and (3) any person whose driver's license was invalid at the time of arrest for DUI. (Ill. Rev. Stat. 1985, ch. 95 1/2, pars. 6-206.1(a)(3)(i) through (a)(3)(iii).)
The statute further provides:
"(b) Prior to the issuance of a JDP the Court should consider at least, but not be limited to, the following issues:
1. Whether the person is employed and no other means of commuting to the place of employment is available or that the person must drive as a condition of employment. . . .
2. Whether the person must drive to secure alcohol or other medical treatment for himself or a family member.
3. Whether the person has been repeatedly convicted of traffic violations or involved in motor vehicle accidents to a degree which ...