Girard v. White

State: Illinois

Court: 1st District Appellate

Docket No: 1-03-3587 Rel

Case Date: 03/14/2005

First Division
March 14, 2005

No. 1-03-3587

RICHARD L. GIRARD,	)	Appeal from
	)	the Circuit Court
Plaintiff-Appellee,	)	of Cook County
	)
v.	)	01 CH 14024
	)
JESSE WHITE, Secretary of State, State of Illinois,	)
	)	Honorable
Defendant-Appellant.	)	Patrick E. McGann
	)	Judge Presiding

JUSTICE McBRIDE delivered the opinion of the court:

Plaintiff, Richard L. Girard, filed an application for an Illinois driver's license withdefendant, the Secretary of State. The Secretary denied Girard's application based on therevocation of Girard's Florida driver's license for four driving under the influence (DUI)convictions. Girard sought administrative review in the circuit court, and the court ordered theSecretary to conduct a hearing to determine if Girard is entitled to a driver's license under section6-704(2) of the Illinois Vehicle Code (Code) (625 ILCS 5/6-704(2) (West 1998)). Following thisproceeding, the hearing officer classified Girard as a "high risk" alcoholic and held that Girardpresented insufficient evidence to warrant his entitlement of the issuance of an Illinois driver'slicense. The hearing officer recommended the denial of Girard's petition for a driver's license, butfound that he had shown that he was responsibly addressing his alcoholism and issued Girard anIllinois restricted driving permit (RDP) as a probationary device. Girard again sought review inthe circuit court. The circuit court determined that the Secretary was without authority to issue aRDP to someone whose driver's license has not been suspended by the Secretary and reversed thehearing officer's finding that Girard was not entitled to full driving privileges.

The Secretary appealed, originally arguing that (1) the Code does not allow drivingprivileges to an applicant whose license was revoked by another state following four DUIconvictions, and (2) even if Girard were permitted to apply for driving privileges, the Secretaryhas the authority to issue Girard a probationary RDP. Just before oral arguments, the Secretaryadvised this court that he was withdrawing his first argument. Girard, however, still contends thatthe Secretary has no authority to issue him a RDP, but must issue him a driver's license, as thecircuit court found.

Girard was issued a Florida driver's license on February 15, 1988. Between 1988 and1996, Girard was convicted of DUI four times. Following his September 1996 DUI conviction,Girard was sentenced to 24 months in the Florida Department of Corrections and his Floridadriver's license was permanently revoked. Girard served 20