Spring Grove teens try to avert license penalty

From the Thursday, June 19, 2008 edition of the Northwest Herald:

Spring Grove teens try to avert license penalty
By DIANA SROKA - dsroka@nwherald.com

SPRING GROVE - At least three teens who pleaded guilty to underage drinking at a February barn party in Spring Grove are attempting to avoid drivers' license suspensions by rescinding their guilty pleas.

The teens appeared Wednesday in McHenry Branch Court with their attorneys. Because the teens were "not aware of the consequences" of pleading guilty - namely license suspension - the teens' attorneys have filed motions for them to vacate their March guilty pleas.

When asked how many of the 22 originally charged are involved in current efforts to reverse the license suspensions, Spring Grove village prosecutor Mary Spiegel declined to comment.

The teens' surprise at the suspensions were echoed by Spring Grove Police Chief Tom Sanders, who said last week "that was not my understanding of what was going on and not at all what I proposed to have happen."

The Spring Grove Police Department now has seven days to determine whether it will agree to let the teens vacate their pleas.

In court Wednesday, Judge James S. Cowlin asked Spiegel about the motions.

Spiegel said she "did not agree but did not reject" the motions - a response that Cowlin said was "inconsistent."

The teens originally were forced to pay $215 and have 100 days of court supervision.

Cowlin said he had given the teens the "most lenient" sentences possible and emphasized the importance of punishment: "Kids won't drink if they lose their license," he said in court.

If the teens are allowed to vacate their pleas, they might be able to avoid drivers' license suspensions if the underage drinking charges are dismissed, they are tried and found not guilty, or the charges are amended to not be alcohol-related, said Ed Donahue, a McHenry lawyer who has worked with similar cases for more than 16 years.

Sanders said that when the teens were charged, his goal was to "send a strong message" about underage drinking and that he was "a little unsure" why the Secretary of State's office was notified of the teens' charges.

Illinois law regarding underage drinking changed in January. Before 2008, the Secretary of State's office was not notified of underage drinkers who pleaded guilty or were convicted of underage drinking if they successfully completed court supervision, said David Dring, a spokesman for Illinois Rep. Tom Cross, who was at the helm at the change in legislation.

Since January, the Secretary of State's office suspends the drivers' licenses of all underage drinkers regardless of the completion of supervision.

The teens will reappear in McHenry Branch Court July 2.

The teens older than 16 whose licenses face pending three-month suspensions starting June 29 are: Misaque A. Ducy, 17, of 7103 Johnsburg Road, Spring Grove; Corey Passage, 17, of 1731 Lehman Ave., Algonquin; Jessica A. Jensen, 17, of 49 Marvin St., Fox Lake; Michelle A. Weber, 17, of 5215 Nippersink Drive, Richmond; Michael J. Sheets, 17, of 7417 Keystone Road, Richmond; Gregory J. Lancaster, 17, of 2502 Elk Drive, Spring Grove; Samuel M. Towne, 17, of 7208 Hillside Drive, Spring Grove; and Patrick N. O'Brien, 17, of 221 Pheasant Trail, Lake in the Hills.

Towne, Ducy and a juvenile were in court Wednesday.