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Horvath v. White6/30/2005
Plaintiff, James T. Horvath, appeals the judgment of the circuit court of Cook County upholding the Illinois Secretary of State's (the Secretary) order suspending his license pursuant to recommendations and findings issued by hearing officer Tony Jones (hearing officer). Plaintiff claims that: (1) section 6-206(a)(10) of the Illinois Vehicle Code (the Code) (625 ILCS 5/6-206(a)(10) (West 2000)) violates due process under the Illinois and United States Constitutions; (2) the hearing officer's decision was based upon an unconstitutional presumption; (3)the hearing officer's decision was against the manifest weight of the evidence; and (4) the punishment under section 6-206(a)(10) violates the proportionate penalties clause of the Illinois Constitution.
BACKGROUND
On August 21, 2000, plaintiff, a 19-year-old student at the University of Iowa, was arrested by the Iowa City police for public intoxication. Following his arrest, an Iowa City police officer searched plaintiff's wallet and found an Illinois State identification card belonging to Daniel Horvath. Daniel Horvath, plaintiff's brother, was above the legal drinking age on August 21, 2000.
Following the disposition of the public intoxication charges in Iowa, the Secretary was notified by the Iowa City police department that plaintiff was arrested for public intoxication and in possession of another's identification card showing a legal drinking age. The Secretary thereafter issued a notice of suspension of plaintiff's driver's license pursuant to section 6-206 of the Code. 625 ILCS 5/6-206(a)(10) (West 2000). Plaintiff filed a motion to rescind the suspension of his license or, alternatively, to have a hardship license issued during the period of his suspension.
In a written motion, plaintiff alleged that section 6-206(a)(10) of the Code was unconstitutional on its face and as applied to him in this case. Plaintiff argued that the provision of the Code did not comport with principles of due process and that the punishment imposed violated the proportionate penalties clause of the Illinois Constitution.
At the hearing, plaintiff testified that his brother, Daniel Horvath, came to visit and help him move into an apartment in Iowa City on the weekend prior to Monday, August 21, 2000. Plaintiff testified that his brother slept on the couch on Saturday, August 19, 2000, and left early Sunday morning to return home. He further testified that he received a call from his brother advising him that his identification card was missing. Plaintiff testified that he searched the couch where his brother had slept and found the identification card under a cushion. Plaintiff testified that his brother instructed him to put the identification card in a safe place. Plaintiff testified that he placed it in his wallet for safekeeping.
Plaintiff stated that he neither received nor used the identification card belonging to his brother for purposes of gaining entrance to any bar or for the purpose of acquiring or consuming alcohol. Plaintiff also testified that he never displayed the identification card to anyone. Plaintiff admitted that he was intoxicated when arrested by the Iowa City police on August 21, 2000, however, he was not present at any bar that day or any day that he was in possession of the identification card. Plaintiff testified that he had been drinking on the night of August 20, 2000; at a private party prior to his arrest during the early morning hours of August 21, 2000.
Daniel testified on behalf of plaintiff at the hearing to rescind the suspension of plaintiff's driver's license. Daniel testified to facts that were consistent with plaintiff's testimony. Daniel also t
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