APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION
535 N.E.2d 1019, 180 Ill. App. 3d 332, 129 Ill. Dec. 254 1989.IL.251
Appeal from the Circuit Court of Cook County; the Hon. Sophia Hall, Judge, presiding.
JUSTICE SCARIANO delivered the opinion of the court. HARTMAN and BILANDIC, JJ., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE SCARIANO
Plaintiff filed suit in the circuit court seeking administrative review of the Secretary of State's (Secretary's) decision denying his petition for reinstatement of his driving privileges or, in the alternative, for a restricted driving permit. The trial court found that the Secretary's refusal to restore plaintiff to his full driving privileges was against the manifest weight of the evidence. Accordingly, the Judge ordered that the case be remanded to the Secretary and ordered full reinstatement. The Secretary appeals.
The Secretary raises the following issues on appeal: (1) whether the trial court properly found that his decision not to reinstate plaintiff's full driving privileges was contrary to the manifest weight of the evidence, and (2) whether his decision to deny plaintiff a restricted driving permit was against the manifest weight of the evidence.
Because the scope of our review is narrowly confined to the issue of whether the Secretary's decision is against the manifest weight of the evidence, a detailed examination of the record made in this case is in order.
Plaintiff is a self-employed automobile mechanic in Glenview, Illinois, approximately six miles from his home. His mother drives him to and from work. Plaintiff's job requires him to test-drive cars, but at the time of the administrative hearing, he employed someone part time to perform that function.
Plaintiff was convicted for driving under the influence of intoxicating liquor on January 10, 1983, and as a result, his driver's license was revoked on March 24, 1983. He had been arrested for DUI on two prior occasions, neither of which resulted in conviction. In addition, the plaintiff's driving record includes the following notations:
Conviction for disregarding stop sign 6/8/77
Conviction for speeding 4/13/78
Conviction for speeding 6/13/78
License suspension for three or more moving
violations in a 12-month period 10/12/78
Convicted for lighted lamp violation ...