People v. ex re. Nerheim v. 2005 Black Chevrolet Corvette

Illinois Appellate Court
Civil Court
Forfeiture
Citation
Case Number: 
2015 IL App (2d) 131267
Decision Date: 
Thursday, April 30, 2015
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
SPENCE
State filed complaint for seizure and forfeiture of Defendant's 2005 Corvette, alleging that it was used in his commission of offense of driving while license suspended or revoked. Defendant's license was summarily suspended, and he was issued judicial driving permit but was to have ignition-interlock device installed within 14 days and did not do so. Officer on patrol had run check of Defendant's license plate while at intersection, and learned that his license was suspended with ignition-interlock device required. Summary suspension of license per Section 11-501.1 of Vehicle Code subjected his vehicle to forfeiture under Section 6-303 of Vehicle Code. Because defendant failed to comply with requirements of permit, he violated Section 6-303, and no evidence that he had extension of 14-day period to have device installed. Officer was permitted to conduct brief investigatory stop to ascertain whether Defendant was driving on suspended license. (McLAREN and JORGENSEN, concurring.)