Docket Nos. 108289, 108290 cons.
THE STATE OF ILLINOIS
THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v.
ZACHARY BOECKMANN, Appellee.–THE PEOPLE OF THE
STATE OF ILLINOIS, Appellant, v. CHELSEY MASCHOFF,
Opinion filed June 24, 2010.
JUSTICE KILBRIDE delivered the judgment of the court, with
Chief Justice Fitzgerald concurred in the judgment and opinion.
Justice Garman specially concurred, with opinion, joined by
Justice Freeman dissented, with opinion, joined by Justice Burke.
Justice Karmeier took no part in the decision.
The circuit court of Clinton County declared unconstitutional
section 6–206(a)(43) of the Illinois Vehicle Code (625 ILCS
5/6–206(a)(43) (West 2008)) on due process grounds. As applied in
this case, section 6–206(a)(43) requires suspension of driving
privileges if a person receives court supervision for unlawful
consumption of alcohol under 21 years of age. Illinois Secretary of
State Jesse White (Secretary) appealed the circuit court’s judgment