[DOWNLOAD] "Pierce v. Carpentier" by Supreme Court of Illinois " Book PDF Kindle ePub Free
eBook details
- Title: Pierce v. Carpentier
- Author : Supreme Court of Illinois
- Release Date : January 31, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Defendants, the Secretary of State and the chief clerk in the Driver's License Division, prosecute this direct appeal from a decree of the circuit court of Winnebago County which, by indirection at least, found sections 6-204(b), 6-206(a)2 and 6-209 of the Illinois Motor Vehicle Law to be unconstitutional, (Ill. Rev. Stat., 1959, chap. 95 1/2, pars. 6-204(b), 6-206(a)2 and 6-209,) enjoined defendants from causing the surrender of plaintiff's driver's license, or his arrest, and ordered that a notice suspending plaintiff's license be revoked, recalled and annulled. The cause was determined below on the pleadings, a factor which is determinative on this appeal. Plaintiff, Clarence A. Pierce, filed his complaint in February, 1960, alleging that he had previously been issued a driver's license which was to expire on March 24, 1962, that he had operated a vehicle under such license in order to earn money for the support of his family, and that, on February 15, 1960, the Secretary of State had issued a notice of the suspension of such license. The notice, which was set out verbatim in the complaint, advised plaintiff his license had been suspended for a period of two months ""based upon reports of your conviction of not less than three offenses within 12 months against traffic regulations governing the movements of motor vehicles."" The notice further advised that the license would have to be surrendered immediately, that operation of a vehicle by plaintiff after the receipt of the notice was a violation of the law, that he was entitled to a hearing after his license had been suspended and a request for hearing made, and that, unless otherwise ineligible, his license would be returned at the end of the suspension period.