ANTHONY JOHNSON, Claimant, v. THE STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought a refund of a $15.00 reinstatement fee paid after his driver's license suspension was expunged. The court awarded the refund because the fee was collected in error and the application was timely under the Illinois Vehicle Code.
Statutes cited: Ill. Rev. Stat. 1983, ch. 9534, pars. 3-824(b), (d)
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Headnotes
- NEIL F. HARTIGAN, Attorney General (S UZANNE SCHMITZ, Assistant Attorney General, of counsel), for Respondent .
- STIPvLATroNs-suspension of driver’s license expunged-reinstatement fee refunded-claim granted. Based on a stipulation of the parties, the Claimant was granted an award in the amount of the reinstatement fee he paid as a result of the suspension of his driver’s license, since the order of suspension was expunged by a court of competent jurisdiction and the application for the refund was made more than six months after the fee had been paid.
This cause coming on to be heard on the Respondent’s stipulation and the Court being duly advised in the premises finds that this is a claim for a refund of a $15.00 reinstatement fee paid as the result of an order of suspension on the Claimant’s driver’s license. The order of suspension was ordered “expunged’ from the Claimant’s driving record by a court of competent jurisdiction, and therefore, the collection of the fee was made in error, and in accordance with the provisions of [*299] the Illinois Vehicle Code, the application for refund having been made more than six months following the payment of the fee, the fee must be refunded and the refund must be made by the Court of Claims. Ill. Rev.
Stat. 1983, ch. 9534, pars. 3-824(b), (d).
It is therefore ordered that this Claimant be granted an award in the amount, as claimed, of $15.00.