circuit court order directing him to issue what's known as a monitoring device drivers permit or n d p license the secretary was justified in declining to comply with district court order for two reasons first the court's orders void as a matter of law and where the underlying order upon which a contempt judgment is based is void contempt cannot live second ms day in kroger the point of the defendant i believe this case is not a first offender within the meaning of section eleven dash five hundred of the motor vehicle code and the secretary is legally able to issue n d b to only a first offender because we were legally moneygall to comply with the circuit court's order contempt should otherwise invalid because her license was suspended for the first dui suspension doesn't deserve a court order this issue the n d p miss stampers license was invalid and of the motor vehicle code which is the relevant provision defining what is a driver's license suspension to determine whether one is head of driver's license was suspension within five years prior to the date of the current offense death or definition of a first offender issue the confirmation of statutory summary suspension for example there's some defect in the law enforcement someone report by statute the secretary's order is mandated to send a law enforcement sworn report back to the court opinion the date of this arrest come back five years we look to see whether or not somebody has suffered this tangent or some other suspension looking back at her record from four five years from july seventeenth two thousand and nine we find that she had  suffered a statutory summer suspension the effective date of her statutory severs a structure from the first of august was going to actually go into effect after joining seventeen two thousand and nine therefore she qualifies as a first offender in the definition of the standard section five or one point one she specifically states that the suspension shall go into effect on the forty six days following the date of the arrest that is the date on which are suspension her license was her license was suspended but she did not say she was not disqualified from receiving relief as a first offender and therefore she's her license while suspended was still a symbol for the n d p because despite the fact that otherwise there would be no point in having an ending d p solution or resolution for drivers who for the remainder of that suspension be in six years or for six months or one years  suspension so you really want it both ways you want to be able to use it period to follow titian but not use this date of notification as a trigger to correct no i don't i professionally don't want it both ways the law in the legislature a few crew needed the forty five day window for people to get their fingers in her then they have a separate thirty day current punishment which is all part of the have it both ways i'm asking for more time simply to hand that first forty five days i think this stage turn i'm sorry but no that's one of the dealers the other question is this that the term otherwise invalid isn't just common sense interpretation otherwise invalid makes reference to not this new why but all there is action taken by the secretary of state otherwise you bill it isn't that really what it refers to is it now what it refers to i honestly can't say because my argument of course is the fed could since we have a definition and the definition clearly states for the five year period in which we move from wanting to another different water from time different sources the the definition of first offenders deter the scheme by which we allow people relief is relatively narrow and therefore i don't think did we should take that may have some discretion with regard to finally appropriate motion but then certainly not to disregard the norms of the court because at that point in time we do have a trial court who has taken a move and the is not necessarily part of the statutory scheme that's there's no work there's nothing in the discretion that says i know you disagree but not even heard on the matter so please don't disagree with me anymore issue the  if they continue to insist that their discretion is better than what the person in the statutes of the course i would have to argue that they are contempt of court because the court is the one who makes the decision under your argument the senate would be able to live each green that your statement i could not agree that the list leecher actually passed this law so as to intent or allow somebody pick up a dui every day even twenty three times a day off until the point that the effective date comes and i have to agree with them but i do believe that based upon the overall structure of the stand you need to have a period of forty five days in which a person to get their forms together if they suffer a second do you want during the time it's not is going to public is completely without any g is part and parcel of wayne the cost to the individual who's losing your license and then to the public safety now within that structure there is already known what she what happened to the first suspension is that make a difference it makes a differen and then the secretary of state issued her one for the second one but still said you were suspended trial counsel that would be eligible in some point during that first suspension to go back and a petition for a driving device filed or the petition to rescind was for whatever reason her license is suspended i would have been august sixth bit when she appears