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tRAFFIC
Reinstatement
625 ILCS 5/7-302
Client must demonstrate to the Court that (s)he has adequate insurance and can show "proof of financial responsibility for the future", as above.
Driving Under the Influence of Drugs/Alcohol (DUI)
625 ILCS 5/11-501
- Driving under the influence of drugs and /or alcohol is prohibited;
- Most convictions under this statute are a Class A misdemeanor (up to 1 year in jail) and have additional penalties under this section if party was transporting a minor under the age of 16;
- Note: after January 1, 2006, it is a felony, aggravated DUI, if the driver committed this offense while not possessing a driver's license or permit or a restricted driving permit or the driver knew or should have known that the vehicle was not covered by a liability insurance policy;
- For every second offense within 5 years, in addition to the misdemeanor penalties, a person convicted shall be mandatorily sentenced to a minimum of 48 hours imprisonment and 100 hours of community service with an additional penalty if the party was transporting a minor under age 16;
- For driving during revocation of license for another DUI, the minimum sentence is 30 days of continual or 40 days of periodic imprisonment and 720 hours of community service;
- Other aggravating factors are listed at (d)(1);
- Note: if the DUI conviction occurs after January 1, 1997, only one lifetime supervision will be permitted;
- After a finding of guilt but before sentencing, a professional evaluation of the extent of the driver's substance abuse will be made. The cost will be paid by the individual evaluated;
- The evaluation is the most important evidence in any hearing concerning the Client's driver's license and must be done well. Deficiencies in the content of the evaluation, whether due to the negligence of the Petitioner in giving sufficient information to the evaluator or in the way in which the evaluation was written, may result in denial of a petition to reinstate. For example, copies of previous recommendations and issues raised in earlier hearings must be addressed in the evaluation. Evaluation must be on proper form and completed by state-qualified examiner. The Evaluation must have been completed within 6 months of the hearing date. If at all possible, the Client should have an attorney examine the evaluation to make sure it is sufficient. If possible, an attorney should represent the Client at the hearing. A current evaluation will also be needed if the Client applies for a judicial driving permit.
Suspension
625 ILCS 5/11-501.1
Summary suspension of a driver's license may occur where:
- A driver refuses to take a breath, blood or urine test
- A driver is found to have a blood alcohol level of .08 or above
- A minor driver is found to have ANY alcohol in his/her blood
- A driver is found to have ANY level of a controlled substance in his/her blood
The arresting officer shall take the actual driver's license and give a notice of statutory suspension and a receipt in exchange. The receipt shall allow the driver to drive for 46 days and on the 46th day after the notice was given, the suspension shall automatically take effect. Confirmation of suspension shall be sent to driver.
Special rules apply if the driver was under 21 years of age. No amount of drugs or alcohol is allowed in this driver's system. See 625 ILCS 5/11-501.8 for suspension information. Restoration of license is covered by 625 ILCS 5/6-208.2.
Opportunity for Hearing
625 ILCS 5/2-118.1
Driver shall be notified that s(he) has right to court hearing if a written request for hearing is filed within 90 days after the service of notice of summary suspension. The scope of hearing shall be limited to the following:
- Whether person was in fact arrested for DUI
- Whether officer had reasonable cause to believe that the person arrested was in control of a motor vehicle while under the influence of drugs or alcohol
- Whether the person refused to submit to test after being informed of rights, or the test, if taken, showed blood alcohol content of 0.08 or above
Hearings may be formal or informal. The type of hearing required is listed in the index along with the violation.
Consultation
In a drug-or alcohol-related case, a hearing officer will speak to Petitioners at selected offices. The officer will inform the Petitioner what s(he) needs to do to get the license back and will give petitioner the necessary forms. This is a recommended prerequisite to both formal and informal hearings.
Informal Hearing
These conferences are a creation of the SOS and not the statute. The hearing takes place at the local SOS facility and does not usually require an appointment. A Petitioner may submit proof and the hearing officer will examine the proof and interview the Petitioner. Counsel may represent the client. The Hearing officer forwards a recommendation to the SOS. Unless the denial states otherwise, the Petitioner is entitled to another hearing in 30 days.
Formal Hearing
625 ILCS 5/2-118
Similar to an informal hearing but SOS attorney presents evidence and may cross-examine the Petitioner and witnesses. The Petitioner is entitled to due process but the technical rules of evidence do not apply. Petitioner must show by clear and convincing evidence that (s)he should be granted relief. The request for a formal hearing must be made in writing to the facility where the hearing will be held.
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