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10/05/88 Jack E. Hannay, Sr., v. Jim Edgar

October 5, 1988

JACK E. HANNAY, SR., PLAINTIFF-APPELLEE

v.

JIM EDGAR, SECRETARY OF STATE, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION

529 N.E.2d 1101, 175 Ill. App. 3d 559, 125 Ill. Dec. 25 1988.IL.1503

Appeal from the Circuit Court of Cook County; the Hon. George M. Marovich, Judge, presiding.

APPELLATE Judges:

JUSTICE McNAMARA delivered the opinion of the court. WHITE, P.J., and FREEMAN, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCNAMARA

Plaintiff, Jack E. Hannay, Sr., sought administrative review of a decision of defendant, the Secretary of State, denying his petition for reinstatement of driving privileges. The trial court reinstated plaintiff's driving privileges, and defendant appeals, contending that his decision was not contrary to the manifest weight of the evidence.

On May 10, 1974, and on December 27, 1974, plaintiff was arrested for driving under the influence of alcohol . In May 1976, plaintiff's driver's license was revoked as a result of convictions for these two offenses.

In January 1980, plaintiff was convicted of driving with a revoked license. The revocation of his license was extended to January 1981.

In 1982, plaintiff's request to have his driving privileges reinstated was denied.

A March 23, 1982, evaluation by an alcohol and drug counselor stated that plaintiff was not drinking at all. The report found that it was not clear whether plaintiff suffered from an alcohol problem.

In September 1983, plaintiff was convicted of driving with a revoked license for the second time. The revocation was extended until September 1984.

In 1985, plaintiff was convicted twice more for driving while his license was revoked. Revocation was extended until July 1986.

In December 1985, plaintiff was arrested for a fifth time for the offense of driving with a revoked license. He was placed under court supervision.

Plaintiff thereafter again sought reinstatement of his driving privileges or a restricted driving permit. On August 22, 1986, a hearing was held, and the 48-year-old plaintiff testified regarding his history of alcohol use. From 1959 to the time of the 1974 offenses, plaintiff drank a six-pack of beer each Saturday and Sunday. Prior to each of the two DUI arrests, he had been drunk. He then stopped drinking for about ...


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