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03/09/88 the People of the State of v. Kenneth Siems


March 9, 1988

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

KENNETH SIEMS, DEFENDANT-APPELLANT 1988.IL.315 DATE FILED: MARCH 9, 1988

APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

Appeal from the Circuit Court of Lake County, No. 86 T 57597, Consolidated with 86 T. 62073, Honorable Barbara Gilleran-Johnson, Judge Presiding.

APPELLATE Judges:

Hopf, J. Lindberg, P.J., and Dunn, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE HOPF

Defendant, Kenneth Siems, was convicted of driving while his license was revoked (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 6-303) and was sentenced to a seven-day term of imprisonment. On appeal, defendant contends that his conviction must be reversed because he had a valid Kentucky driver's license at the time of his arrest.

Pursuant to Supreme Court Rule 323(d) (107 Ill. 2d R. 323(d)), the parties filed a stipulated statement of facts in lieu of a report of proceedings. The parties stipulated that, on December 29, 1983, defendant's Illinois driver's license was revoked by the Secretary of State as a result of a conviction in another State for operating a motor vehicle while under the influence of an intoxicant. In 1985, defendant became a Kentucky resident. Defendant applied for and received a Kentucky driver's license, having mentioned his Illinois revocation when he applied for the Kentucky license. On June 28, 1986, defendant drove a motor vehicle on a highway in Round Lake Beach, Illinois, and was arrested for driving while his license was revoked (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 6-303). At the time of his arrest, defendant was a resident of Kentucky and possessed a valid Kentucky driver's license.

The parties further stipulated that Kentucky is a party State to the Driver License Compact (Compact) (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 6-700 et seq.). The State now asserts that Kentucky has never been a member State and asks to withdraw from this portion of the stipulated facts. In the alternative, the State requests that this court take judicial notice that Kentucky is not a party to the Compact.

The question of whether Kentucky is a party to the Compact is dispositive of this appeal. In People v. Klaub (1985), 130 Ill. App. 3d 704, 474 N.E.2d 851, the court held that a person whose Illinois license is revoked is not guilty of driving while license revoked if he or she possesses a valid license from a Compact State. The court noted that, while section 6-210 of the Code (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 6-210) prohibits an individual whose Illinois license is revoked from driving in Illinois until he or she obtains a license when and as permitted under the Code, the Compact is part of the Code. (Klaub, 130 Ill. App. 3d at 707, 474 N.E.2d at 854.) Additionally, the court found that the Compact provides essentially the same safeguards for issuance of a license to a driver whose license was revoked that Illinois has enacted in section 6-208 of the Code (Ill. Rev. Stat. 1985, ch. 95 1/2, par. 6-208). The Code's objective of ensuring that only qualified and safe drivers will be allowed to operate motor vehicles on Illinois highways is therefore met through reliance on the Compact as incorporated into the Code. 130 Ill. App. 3d at 707, 474 N.E.2d at 854.

In People v. Sass (1986), 144 Ill. App. 3d 163, 494 N.E.2d 745, the court affirmed defendant's conviction for driving while license revoked when the defendant's Illinois license had been revoked, but defendant possessed a valid license from Wisconsin, which was not a party to the Compact. The court stated that section 6-210 prohibits anyone whose Illinois license has been revoked from driving in this State, even under a foreign license, "'until a license is obtained when and as permitted under [the Code].'" (Sass, 144 Ill. App. 3d at 168, quoting Klaub, 130 Ill. App. 3d at 707.) The only two ways of obtaining a license after revocation when and as permitted under the Code are to obtain an Illinois license pursuant to section 6-208 or to obtain a license from a Compact State. (Sass, 144 Ill. App. 3d at 168, 494 N.E.2d at 748.) Thus, if Kentucky was not a party to the Compact at the time defendant received his Kentucky license, defendant's conviction should be affirmed in the instant case.

States may only become parties to the Compact by enacting the same into law. (See Ill. Rev. Stat. 1985, ch. 95 1/2, par. 6-707(a).) Our research of Kentucky law indicates that Kentucky is not presently a party to the Compact, nor was it a party in 1985, when defendant received his Kentucky license. While the State has stipulated to the contrary, parties cannot bind a court by stipulation to an incorrect resolution of a question of law. (People v. Saunders (1985), 135 Ill. App. 3d 594, 604, 482 N.E.2d 85, 92-93.) A court of review may take judicial notice of the statutes of another State. (Hebb v. Beegle (1985), 135 Ill. App. 3d 157, 160, 481 N.E.2d 846, 848.) We take judicial notice that there was no Kentucky statute making that State a party to the Compact when defendant received his Kentucky license in 1985, nor is there presently such a statute. Accordingly, defendant's conviction must be affirmed.

LINDBERG, P.J., and DUNN, J., concur.

CASE RESOLUTION

Affirmed.

19880309

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