APPELLATE COURT OF ILLINOIS, SECOND DISTRICT
520 N.E.2d 395, 166 Ill. App. 3d 593, 117 Ill. Dec. 234 1988.IL.235
Appeal from the Circuit Court of Stephenson County; the Hon. Barry Anderson, Judge, presiding.
JUSTICE NASH delivered the opinion of the court. LINDBERG, P.J., and INGLIS, J., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE NASH
Jim Edgar, Secretary of State (Secretary), appeals from a judgment of the circuit court directing the Secretary to issue a judicial driving permit to defendant, James Bluett, and contends that the trial court abused its discretion in granting the JDP as defendant had a prior conviction for DUI within a five-year period of his arrest for the present offense.
The record discloses that defendant was arrested on September 28, 1986, for the offense of driving while under the influence of alcohol (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 11-501(a)). He refused to submit to a breathalyzer test after being advised of that requirement by the arresting officer and was given notice of the summary suspension of his driving privileges pursuant to section 11-501.1 of the Illinois Vehicle Code. (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 11-501.1.) On October 15, 1986, the circuit clerk of Stephenson County sent to defendant a confirmation of statutory summary suspension which notified him that his driver's license would be suspended for a 12-month period commencing November 14, 1986, for failure to submit to a drug-alcohol test.
On January 5, 1987, defendant filed a petition in the circuit court for the issuance of a JDP (Ill. Rev. Stat., 1986 Supp., ch. 95 1/2, par. 6-206.1). The petition alleged, inter alia, that defendant was a first offender as defined in section 11-500 of the Illinois Vehicle Code (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 11-500) and requested that the court grant a judicial driving permit to relieve undue hardship. A hearing of the petition was held the same day, at the commencement of which the following colloquy took place:
"THE COURT: All right, let's proceed as to the petition for judicial driving permit.
MR. LEAHY [defense counsel]: Like to call Mr. Bluett.
MR. LENTZ [assistant State's Attorney]: Your Honor, for purposes of the J.D.P. hearing only the State would move to amend the date of the charge to 12-28-86 as to the driving while under the influence.
THE COURT: All right, on the complaint ticket on its face?