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tRAFFIC
Driving Relief: DUI, Non-DUI
Restricted License - Non-DUI Suspension
625 ILCS 5/6-113
SOS may issue a "probationary license" where the license has been suspended due to the following:
Violation of other restrictions on license such as no vision correction
Revocation due to conviction of 3 offenses within 12 months, 5/6-206(a)(2)
Revocation due to driving without license under 5/6-101
Violation of restrictions due to classification of license: for-hire, school bus, etc. under 5/6-104
Restricted licenses are immediately invalidated and confiscated for certain severe offenses such as DUI, leaving the scene of an accident, and drag racing.
Restricted or Judicial Driving Permit - DUI Suspension
625 ILCS 5/6-206.1
SOS has the authority to issue "hardship" driving permits for limited purposes involving employment, educational and medical needs. Permits will be restricted to specific usage times, areas and purposes and abuse of the privilege constitutes the offense of driving on revoked license. Case law says that the SOS must consider both the duty to protect public safety and also the hardship suffered by Petitioner.
Petitioner cannot prevail unless (s)he can show undue hardship AND that (s)he will not be a danger to public safety. The threshold is high for proof of hardship; for example Petitioner might show (s)he has no alternative means of transportation and must walk to work several miles without sidewalks. See Agans v. Edgar, 142 Ill. App. 3d 1087, 492 NE 2d 929 (4th Dist. 1989).
The Court shall consider prior and current traffic violations and "whether the person is likely to obey the limited provisions of the Judicial Driving Permit".
The Court will require a current (within 6 months) drug or alcohol evaluation. Results of the evaluation will assign a "classification" to Client's drug or alcohol use and determine requirements which must be met in order to apply for a judicial driving permit or for reinstatement.
How Soon May The Court Grant a Permit in DUI Case?
625 ILCS 5/6-208.1(d)(e)(f),(g)
First offense:
At least 30 days from effective date of statutory suspension
More than one offense:
Where person refused or failed to complete test - after 6 months from date of statutory suspension
Where person took test and failed test - 90 days from date of summary suspension
No permit shall be granted:
Where the driver is danger to public safety under DUI evaluation
Where the driver has been convicted of reckless homicide within 5 years
Where the driver was arrested for DUI while driving without valid license
Where the driver has financial responsibility suspension
For an unsatisfied judgment suspension
Where license has been held as bail and licensee does not show up in court
Restricted Driving Permit: Employment
Petitioner must show:
Actual job or concrete offer of employment
Non-availability of other transportation
How Petitioner is currently getting to work
Whether driving is required on the job and the radius of travel required
Distance between home and job
Similar factors demonstrating undue hardship
Restricted Driving Permit: Medical
Petitioner may get a permit to travel to and from medical appointments for self or family. Petitioner may go to counseling or attend three self-help meetings per week.
Restricted Driving Permit: Education
Petitioner may attend scheduled accredited courses.
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