Paying Truck License Plates Fees Under Duress
In People ex rel. Carpentier v. Treloar Trucking Co., 13 Ill. 2d 596, 150 N.E.2d 624 (1958), the State sought to exact license fees from the defendant trucking company for truck license plates.
The defendant was in the business of transporting automobiles by truck and filed an application for license plates for an improper classification because the Secretary of State prevented him from seeking the appropriate classification.
The supreme court held that the defendant's application and payment thereunder were made under duress and compulsion and thus were not voluntary. Treloar, 13 Ill. 2d at 600.
The court explained that economic necessity required the defendant to file the application if he was to carry on his business. Treloar, 13 Ill. 2d at 600.
Also, he was required to file his application to avoid statutory penalties. Treloar, 13 Ill. 2d at 600.
Further, the supreme court noted that, although the defendant's failure to protest was not properly before it, "we believe it not to have been necessary to defendant's position and action in this cause." Treloar, 13 Ill. 2d at 601.