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Gumma v. White7/21/2005
Docket No. 97791-Agenda 16-November 2004.
In this appeal we review the Secretary of State's decision to deny Ryan Gumma's petition to rescind the summary suspension of his driver's license, which was imposed pursuant to section 11-501.8 of the Illinois Vehicle Code, commonly known as the zero-tolerance law. 625 ILCS 5/11-501.8 (West 1998). On administrative review, the circuit court of Cook County held that the Secretary of State's denial of Gumma's petition was against the manifest weight of the evidence and the appellate court affirmed this ruling. 345 Ill. App. 3d 610. However, in affirming, the appellate court concluded that an earlier judgment, rendered in a related municipal ordinance violation proceeding, operated to collaterally estop the Secretary of State from using the results of Gumma's breath-analysis test to support his zero-tolerance suspension.
We granted the Secretary of State's petition for leave to appeal and now hold that the appellate court erred when it held that the Secretary of State was prevented, by collateral estoppel, from using the results of the breath-analysis test to support the zero-tolerance suspension of Gumma's driver's license. Nevertheless, for the reasons that follow, we affirm the appellate court's judgment.
BACKGROUND
On September 22, 2000, Barrington police officer Scott Basel stopped a Ford Explorer, which was being driven by 20-year-old Ryan Gumma. According to the zero-tolerance sworn report prepared by Officer Basel, the stop took place after Officer Basel witnessed Gumma drive over a curb and fail to stop at two stop signs. Officer Basel also indicated in his report that he "noticed an odor of alcoholic beverage as Gumma spoke" and that Gumma "did poorly on field sobriety tests." Gumma was arrested and taken to the Barrington police station, where he submitted to a breath-analysis test. A "test strip" generated by the breath-analyzing instrument indicated that Gumma took a breath-analysis test at the Barrington police station at 1:03 a.m. on September 22, 2000, and that his alcohol concentration registered 0.099. Gumma was ticketed for consumption of alcohol by a minor (complaint number LO-937-576) and for disobeying a stop sign (complaint number Y9-128-143), in violation of Village of Barrington ordinances. Gumma was also given notice that his driving privileges would be summarily suspended pursuant to the zero-tolerance law, section 11-501.8 of the Vehicle Code.
On November 9, 2000, Gumma filed a motion in the circuit court of Cook County, Municipal Department, Third District (hereafter municipal court), entitled "Motion for Production for Discovery Concerning Purported Breath Analysis Pursuant to 625 ILCS 5/11-501.8(b)(iv) (2000)." In the motion, Gumma sought information concerning the police department's compliance with Illinois Department of Public Health rules and regulations. In particular, Gumma sought production of the logbook(s) for the breath-analysis instrument used by the Barrington police department to test his breath, which, pursuant to section 510.100 of the Public Health Code, the Barrington police department was required to maintain. Gumma requested the logbook entries for the previous 135 days, as well as any and all records or documents containing information concerning the instrument's usage, repair, maintenance, and certification, for the 45-day period encompassing the time that Gumma's breath test was administered.
In response to the motion, the Village of Barrington provided Gumma with a copy of the "test strip" and a copy of Officer Basel's breath- analyzer operator's license. No logbook or other documentation concerning the instrument's certification for the
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