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Gumma v. White

Case Date: 12/24/2003
Court: 1st District Appellate
Docket No: 1-02-2939 Rel

THIRD DIVISION
December 24, 2003

 


No. 1-02-2939


 

RYAN D. GUMMA,

                         Plaintiff-Appellee,

          v.

JESSE WHITE, SECRETARY OF STATE,
 STATE OF ILLINOIS,

                         Defendant-Appellant.

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)		 Appeal from the
Circuit Court of
Cook County.


Honorable
Nancy J. Arnold,
Judge Presiding.

 
 

JUSTICE SOUTH delivered the opinion of the court:

This appeal by defendant, Jesse White, the Secretary of State of Illinois (Secretary), arisesfrom an order of the circuit court of Cook County reversing a final administrative decision tosuspend plaintiff Ryan Gumma's driver's license for violation of the "zero tolerance" law.

The relevant facts are as follows: On September 22, 2000, Barrington police officer ScottBasel arrested the 20-year-old plaintiff after observing his vehicle go over a curb and his failure tostop at two stop signs. According to Officer Basel's report, which was admitted into evidence inlieu of his testimony, as he stood at the driver's side window, he detected an odor of alcohol asplaintiff spoke. He also noted that plaintiff performed "poorly on field sobriety tests." OfficerBasel subsequently transported plaintiff and his passenger to the Barrington police station wherehe was administered a Breathalyzer test, which showed that he had a blood-alcohol concentrationof .099. Plaintiff was ticketed for disobeying a stop sign and consumption of alcohol by a minor.

The Secretary issued plaintiff a notice that his driver's license would be suspended for aminimum of three months under section 11-501.8 of the Illinois Vehicle Code (Code) (625 ILCS5/11-501.8 (West 2000)) because he had submitted to testing which showed a blood-alcoholconcentration greater than 0.00. Plaintiff's license was suspended on November 7, 2000, and hewas given a written notice of that suspension. Thereafter, plaintiff filed a petition with theSecretary to rescind the suspension of his license, challenging the "zero tolerance" suspension. The petition alleged that the sample taken from plaintiff's blood concentration did not indicate ablood-alcohol level of more than 0.00.

A hearing was conducted by the Secretary on August 29, 2001. Plaintiff introduced as anexhibit an order of the circuit court from the underlying driving under the influence (DUI) criminalcharge. In that matter, People of the Village of Barrington v. Gumma, Y9-128-143, LO-937-576, the circuit court dismissed both charges and held that the Village of Barrington did notcomply with section 510.100 of the Illinois Administrative Code (77 Ill. Adm. Code,