People v. Martinez
Decision Date | 17 December 1998 |
Docket Number | 84916,Nos. 84915,s. 84915 |
Citation | 184 Ill.2d 547,705 N.E.2d 65,235 Ill.Dec. 452 |
Parties | , 235 Ill.Dec. 452 The PEOPLE of the State of Illinois, Appellee, v. Simon MARTINEZ, Appellant. The People of the State of Illinois, Appellee, v. Tomas Salazar, Appellant. |
Court | Illinois Supreme Court |
Courtney D. Carter, Asst. Attorney General, Chicago, State's Attorney of DuPage County, Wheaton, State's Attorneys App. Pros., Elgin, for the People in No. 84915.
Kathleen J. Hamill, Asst. State Appellate Defender, Elgin, for Thomas R. Salazar in No. 84916.
Jim Ryan, Attorney General, Criminal Appeals Div., Chicago, State's Attorney of DuPage
County, Wheaton, State's Attorneys App. Pros., Elgin, for the People in No. 84916.
In these consolidated appeals, we address the issue of whether the period of a summary suspension under Illinois Vehicle Code (Code) section 11-501.1 (625 ILCS 5/11-501.1 (West 1996)) continues until the holder of the suspended license pays the required reinstatement fees. After separate stipulated bench trials, the circuit court of Du Page County found that the period of summary suspension does not end until the license holder pays the reinstatement fees and found each defendant guilty of driving while his license was suspended under section 6-303 of the Code (625 ILCS 5/6-303 (West 1996)). Both judgments were affirmed by the appellate court. Martinez, 294 Ill.App.3d 419, 228 Ill.Dec. 842, 690 N.E.2d 151; Salazar, No. 2-96-0733 (unpublished order under Supreme Court Rule 23). We granted defendants' petition for leave to appeal. 166 Ill.2d R. 315. We affirm.
Defendant Simon Martinez's privileges to operate a motor vehicle were summarily suspended for three months pursuant to section 11-501.1 of the Code on August 17, 1995. 625 ILCS 5/11-501.1 (West 1996). The "Confirmation of Statutory Summary Suspension" issued by the Secretary of State listed a provisional reinstatement date of November 17, 1995. Similarly, on May 13, 1993, defendant Tomas Salazar's license was suspended for six months pursuant to section 11-501.1 of the Code. Salazar's provisional reinstatement date was November 13, 1993. Neither defendant paid the $60 reinstatement fee required by section 6-118 of the Code. On January 8, 1996, and April 12, 1995, respectively, Martinez and Salazar (collectively defendants) were each issued citations for driving with a suspended driver's license. 625 ILCS 5/6-303(a) (West 1996).
After a stipulated bench trial, Martinez was found guilty of driving while his driver's license was suspended, fined $150 and given one year of court supervision. Salazar was also convicted, fined $100 and received one year of conditional discharge. Defendants challenged their convictions in the appellate court arguing that their licenses were not suspended. Defendants contended that although neither of them had paid the reinstatement fee, the period of suspension automatically terminated at the provisional reinstatement date. The appellate court affirmed, finding that a summary suspension under section 11-501.1 continues until the license holder pays the reinstatement fee.
The sole issue presented by this case is whether a summary suspension under section 11-501.1 of the Code automatically terminates at the provisional reinstatement date or whether the suspension continues until the holder of the suspended license pays the reinstatement fees. Since the issue is one of statutory construction, our review is de novo. People v. Robinson, 172 Ill.2d 452, 457, 217 Ill.Dec. 729, 667 N.E.2d 1305 (1996). Ragan v. Columbia Mutual Insurance Co., 183 Ill.2d 342, 350-51, 233 Ill.Dec. 643, 701 N.E.2d 493 (1998). A court must consider all of the parts of the statute together. People v. Warren, 173 Ill.2d 348, 357, 219 Ill.Dec. 533, 671 N.E.2d 700 (1996).
A person is guilty of driving with a suspended driver's license if he "drives * * * a motor vehicle on any highway of this State at a time when such person's driver's license * * * is * * * suspended." 625 ILCS 5/6-303(a) (West 1996). Defendants stipulate that each of them was driving a motor vehicle on a highway of this state. However defendants contend that neither was guilty of driving with a suspended license because the periods of their suspensions had terminated automatically at their respective provisional reinstatement dates.
Section 1-203.1 of the Code defines a statutory summary alcohol- or other drug-related suspension of driver's privileges as the "withdrawal by the circuit court of a person's license or privilege to operate a motor vehicle * * * for the periods provided in Section 6-208.1." 625 ILCS 5/1-203.1 (West 1996). Section 1-203.1 further states "[r]einstatement after the suspension period shall occur after all appropriate fees have been paid. " (Emphasis added.) 625 ILCS 5/1-203.1 (West 1996). When section 1-203.1 is read in conjunction with section 6-208.1, the legislative intent is clear. Section 6-208.1(c) reads, "Full driving privileges may not be restored until all applicable reinstatement fees * * * have been paid to the Secretary of State." 625 ILCS 5/6-208.1(c) (West 1996). We find that the legislature intended that payment of the fees is a prerequisite to the reinstatement of driving privileges. Therefore, the period of statutory summary...
To continue reading
Request your trial-
People v. Perry
...by reading into it exceptions, limitations, or conditions that conflict with the expressed intent. People v. Martinez, 184 Ill.2d 547, 550, 235 Ill. Dec. 452, 705 N.E.2d 65 (1998). The traditional canons or maxims of statutory construction are not rules of law, but rather are "merely aids i......
-
In re ESTATE OF Bozenna MICHALAK
...697, 750 N.E.2d 278, 281 (2001). “A court must consider all of the parts of the statute together.” People v. Martinez, 184 Ill.2d 547, 550, 235 Ill.Dec. 452, 705 N.E.2d 65, 66 (1998), citing People v. Warren, 173 Ill.2d 348, 357, 219 Ill.Dec. 533, 671 N.E.2d 700, 705 (1996). The Kaletas ass......
-
People v. Galan
...depart from the plain language of a statute by reading into it exceptions, limitations, or conditions. People v. Martinez, 184 Ill.2d 547, 550, 235 Ill.Dec. 452, 705 N.E.2d 65 (1998). Nothing in the Indiana fresh-pursuit statute states that the presentment requirement of section 35-33-3-2 c......
-
Moon v. Rhode
...568 ; see also People v. Perry, 224 Ill.2d 312, 323–24, 309 Ill.Dec. 330, 864 N.E.2d 196 (2007) (citing People v. Martinez, 184 Ill.2d 547, 550, 235 Ill.Dec. 452, 705 N.E.2d 65 (1998) (the court will not read into the statute exceptions, limitations, or conditions that conflict with the exp......