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BURGESS v. RYAN

Nos. 91-2131, 91-2870, 91-2995 and 91-3281.

996 F.2d 180 (1993)

David Wayne BURGESS, Plaintiff-Appellee, Cross-Appellant, v. George RYAN, Secretary of State of Illinois, and Greg O'Connor, Director of the Driver Services Department, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 14, 1993.

Rehearing Denied July 14, 1993.

Attorney(s) appearing for the Case

John H. Bisbee (argued), Macomb, IL, for David W. Burgess.

Julie D. Weisenberg, Asst. Atty. Gen., Springfield, IL, Ann Plunkett Sheldon, Mark E. Wilson (argued), Office of the Attorney General, Civil Appeals Div., Chicago, IL, for George Ryan and Greg O'Connor in Nos. 91-2131 and 91-2995.

Roland W. Burris, Office of the Attorney General, Chicago, IL, Julie D. Weisenberg, Asst. Atty. Gen., Springfield, IL, Jan E. Hughes, Asst. Atty. Gen., Mark E. Wilson (argued), Office of the Attorney General, Civil Appeals Div., Chicago, IL, for George Ryan in Nos. 91-3281 and 91-2870.

Julie D. Weisenberg, Asst. Atty. Gen., Springfield, IL, Jan E. Hughes, Asst. Atty. Gen., Mark E. Wilson, Office of the Attorney General, Civil Appeals Div., Chicago, IL, for Greg O'Connor in Nos. 91-3281 and 91-2870.

Before COFFEY, EASTERBROOK, and ROVNER, Circuit Judges.

EASTERBROOK, Circuit Judge.

Drivers who violate traffic laws frequently, or commit a single serious infraction, lose their licenses in Illinois. Three convictions within a year for speeding, or one for driving under the influence of alcohol, produce automatic revocation. 625 Ill.Comp.Stat. 5/6-205(a); 92 Ill.Admin.Code § 1040.38(a). A driver who believes that state officials erred in determining the number or gravity of his offenses is entitled to a hearing,...

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