People v. Holmes, 3-93-0799

• Decision Date: 16 August 1994
• Docket Number: No. 3-93-0799,3-93-0799
• Citation: People v. Holmes, 644 N.E.2d 1, 268 Ill.App.3d 802 (Ill. App. 1994)
• Parties: , 205 Ill.Dec. 785 The PEOPLE of the State of Illinois, Respondent-Appellee, v. David HOLMES, Petitioner-Appellant.
• Court: United States Appellate Court of Illinois

Page 1

644 N.E.2d 1

268 Ill.App.3d 802, 205 Ill.Dec. 785

The PEOPLE of the State of Illinois, Respondent-Appellee, v. David HOLMES, Petitioner-Appellant.

No. 3-93-0799.

Appellate Court of Illinois Third District.

Aug. 16, 1994.

Rehearing Denied Sept. 20, 1994.

Carey J. Luckman, Pontiac, for David J. Holmes.

John X. Breslin, Deputy Director, State's Attys. Appellate Prosecutor, Ottawa, Clarke Erickson, Kankakee County State's Atty., Kankakee, Judith Z. Kelly, States' Attys. Appellate Prosecutor, Ottawa, for the People.

Presiding Justice SLATER delivered the opinion of the court:

Petitioner, David Holmes, appeals from an order of the circuit court denying his request for a hearing on his petition to rescind the statutory summary suspension of his driver's license. On appeal, petitioner contends that the trial court erred in determining that his petition to rescind was untimely. We reverse and remand.

On April 1, 1989, petitioner was arrested and charged with driving under the influence of alcohol (DUI) in violation of section 11-501 of the Illinois Vehicle Code (the Code) (Ill.Rev.Stat.1989, ch. 95 1/2, par. 11-501). Petitioner submitted to chemical testing which indicated a blood alcohol concentration of 0.12. On May 5, 1989, the office of the Secretary of State notified petitioner that his driver's license would be summarily suspended pursuant to section 11-501.1 of the Code (Ill.Rev.Stat.1989, ch. 95 1/2, par. 11-501.1). Petitioner's license was suspended from June 10 through September 10, 1989. In December of 1989, petitioner paid the statutory restoration fee and his license was reinstated. He was subsequently acquitted on the underlying DUI charge.

On June 30, 1993, petitioner filed a petition to rescind the statutory summary suspension pursuant to section 2-118.1 of the Code. (625 ILCS 5/2-118.1 (West 1992)). At a hearing held on July 23, 1993, the State argued that petitioner was not entitled to a recision hearing because his request was untimely. The trial judge asked for written briefs and the parties complied. On September 3, 1993, the trial court heard oral arguments and took the case under advisement. On September 9, 1993, by docket entry order, the trial court denied petitioner's request for a recision hearing. Petitioner filed this timely appeal.

The issue presented in this case is whether a petitioner is entitled to a hearing on the merits of his petition to rescind the statutory summary suspension of his driver's license when that petition was filed more than four years after petitioner received notice of the suspension and three and one-half years after the suspension was completed and petitioner's license was reinstated. In other words, is there a time limit within which one must file a petition to rescind under section 2-118.1?

The statutory scheme providing for summary suspensions and hearings on petitions to rescind such suspensions is set out in sections 11-501.1 and 2-118.1 of the Code. Section 11-501.1 provides in relevant part:

"(d) If the [motorist arrested for DUI] refuses testing or submits to a test which discloses an alcohol concentration of 0.10 or more, * * * the law enforcement officer shall immediately submit a sworn report to the circuit court of venue and the Secretary of State, certifying that the test or tests was or were requested * * * and the person refused to submit to a test, or tests, or submitted to testing which disclosed an alcohol concentration of 0.10 or more.

(e) Upon receipt of the sworn report of a law enforcement officer submitted under paragraph (d), the Secretary of State shall enter the statutory summary suspension for the periods specified in Section 6-208.1, and effective as provided in paragraph (g).

* * * * * *

(g) The statutory summary suspension referred to in this Section shall take effect on the 46th day following the date the notice of the statutory summary suspension was given to the person.

(h) The following procedure shall apply whenever a person is arrested for any offense as defined in Section 11-501 or a similar provision of a local ordinance:

Upon receipt of the sworn report from the law enforcement officer, the Secretary of State shall confirm the statutory summary suspension by mailing a notice of the effective date of such suspension to the person and the court of venue." (625 ILCS 5/11-501.1 (West 1992).)

Section 2-118.1 provides in relevant part:

"(b) Upon the notice of statutory summary suspension served under Section 11-501.1, the person may make a written request for a judicial hearing in the circuit court of venue. The request to the circuit court shall state the grounds upon which the person seeks to have the statutory summary suspension rescinded. Within 30 days after receipt of the written request or the first appearance date on the Uniform Traffic Ticket issued pursuant to a violation of Section 11-501, * * * the hearing shall be conducted by the circuit court having jurisdiction. This judicial hearing, request or process shall not stay or delay the statutory summary suspension. Such hearings shall proceed in the circuit court in the same manner as in other civil proceedings.

* * * * * * Upon the conclusion of the judicial hearing, the circuit court shall sustain or rescind the statutory summary suspension and immediately notify the Secretary of State. Reports received by the Secretary of State under this Section shall be privileged information and for use only by the courts, police officers and Secretary of State." 625 ILCS 5/2-118.1 (West 1992).

The statutory scheme provides only two specific time limitations. One is that the suspension automatically goes into effect 45 days after notice is given to the motorist. The other is that the motorist is entitled to a hearing on the petition to rescind within 30 days of the date of the filing of the petition or on the first appearance date on the uniform traffic ticket issued pursuant to the violation of section 11-501. While the 45 day delay between notice and the beginning of the suspension is intended to allow a motorist an opportunity to secure a hearing prior to the suspension, our supreme court has held that a pre-suspension hearing is not required under the statute (People v. Gerke (1988), 123 Ill.2d 85, 121 Ill.Dec. 262, 525 N.E.2d 68) and that the timing of the hearing depends largely upon when a motorist files his petition to rescind (People v. Esposito (1988), 121 Ill.2d 491, 118 Ill.Dec. 396, 521 N.E.2d 873).

Where the language of a statute is certain and unambiguous, this court must enforce the statute as written without resorting to supplemental principles of statutory construction. (Workmann v. Illinois State Board of Education (1992), 229 Ill.App.3d 459, 170 Ill.Dec. 599, 593 N.E.2d 141; Board of Trustees of Southern Illinois University v. Shaw (1985), 136 Ill.App.3d 671, 91 Ill.Dec. 490, 483 N.E.2d 976.) Courts should not read into a statute exceptions, limitations or conditions which the legislature did not express. (Kraft, Inc. v. Edgar (1990), 138 Ill.2d 178, 149 Ill.Dec. 286, 561 N.E.2d 656.) Nothing in our review of sections 11-501.1 and 2-118.1 indicates a time limit within which a petitioner must file his petition to rescind in order to secure a hearing. We therefore find that petitioner is entitled to a hearing on his petition. Accordingly, we reverse the order of the circuit court and remand this case for a hearing on the merits of the petition to rescind.

We are cognizant of the fact that allowing petitioner a hearing at this point contravenes to some extent the spirit and purpose behind section 2-118.1. The purpose of the statute is to provide a motorist with a measure of due process. That is, it provides the motorist with an opportunity to secure a hearing to determine whether the State has statutory grounds to suspend his driver's license. Our supreme court has stated that "[t]he legislature has specifically directed that the license suspension proceedings are to be swift and of limited scope." (People v. Moore (1990), 138 Ill.2d 162, 169, 149 Ill.Dec. 278, 281, ...