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No. 2—09—0833 Opinion iled March 31, 2011 - page 20 / 24





20 / 24

No. 2—09—0833

driver was in custody, the State Police policyinherentlyrequired the of icer to ask the two passengers

if either had a valid license. Young, 363 Ill. App. 3d at 271.

Relying on Young, defendant argues that Hucker should have seized the car keys, locked the

doors, and asked the teenage passenger whether she could produce a valid driver’s license and proof

that the car was insured. Defendant argues that, ifthe teenage passenger produced a valid license and

proof of insurance at the scene, Hucker should have permitted her to remove the car. Defendant

alternatively asserts that, if the teenage passenger was a licensed driver but had no proof of insurance,

the of icer should have afforded her the opportunity to walk to defendant’s home and retrieve an

insurance card.

While Hucker testified that the teenage passenger might have been of legal driving age and

the parties stipulated that the car was insured, the record is devoid of any evidence of (1) the teenage

passenger’s name, (2) whether the teenage passenger was a licensed driver, (3) whether the teenage

passenger possessed an insurance card at the scene, (4) whether a valid insurance card for the vehicle

was four blocks from the scene at defendant’s home, as defendant asserts, (5) whether the teenage

passenger had access to the home, and (6) whether the teenage passenger was impaired in any way

that would have prevented her from removing the vehicle.

Hucker testified that he was familiar with the Zion police department impoundment

procedures but that he was unaware of any policy that required an officer to investigate whether any

occupant of the vehicle had proof of insurance and a valid license. Moreover, the Vehicle Code is

silent as to how an of icer stopping a vehicle should deal with passengers when the driver has a

suspended or revoked license and no insurance card. Section 6—303(e) provides that, after a vehicle

is impounded based on the driver’s invalid license and lack of insurance, “[t]he motor vehicle may

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