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The Secretary of State has enacted new rules, which became effective on January 1, 2022, addressing out-of-state petitions for reinstatement; formal hearing procedures; informal hearing eligibility; time limits to complete restricted driving permit and reinstatement requirements; designation of four (4) different types of restricted driving permit and standards governing each type; using the restricted driving permit for other reasons; breath alcohol ignition interlock device (BAIID) violations; definition of a “DUI disposition”; updated evaluations; opiate substitution programs; medical cannabis; and prescribed opiate medication.

Additional details regarding these new rules can be found on this earlier blog post.

Attorney Larry A. Davis of The Davis Law Group, P.C. represented the Illinois State Bar Association in negotiations with the Secretary of State’s office in finalizing these new rules. If you have a driver’s license issue and would like to discuss your case, feel free to contact us.

OUT-OF-STATE PETITIONS

ALL OUT-OF-STATE PETITIONS MADE BY WRITTEN APPLICATION INSTEAD OF AN IN-PERSON APPEARANCE WILL BE CONSIDERED INFORMAL HEARINGS – 1001.100(b)

Written applications by out-of-state residents will no longer be considered formal hearings conducted pursuant to 625 ILCS 5/2-118. Accordingly, these applications will not be required to be accompanied by the $50.00 application fee. Decisions from these informal hearings will not constitute final administrative decisions and, therefore, will not be subject to the provisions of the Administrative Review Act. 1001.100(b)(3) and 1001.300(a). 

Lake County Traffic Attorneys

Our Lake County Traffic Attorneys provide professional representation to those issued traffic violations throughout Lake County. Lake County traffic tickets are assigned to one of three branch courthouses depending on the police department that issued the citation.

  1. Mundelein Branch Court located at 105 East State Route 83, Mundelein, IL 60060

If a police officer suspects that you have been drinking and driving in Illinois, they may ask you to take a breath test, commonly referred to as a breathalyzer test. The legal consequences of that decision can be significant.

With that in mind, there isn’t a “one size fits all” answer to the question of whether you should take a breathalyzer test when pulled over. Every DUI case is unique and involves a specific set of circumstances. What is important is that you understand both the legal implications of a BAC test refusal as well as the consequences of submitting to and failing the breath test.  It is essential that you know your rights under Illinois law so you can make an informed decision. You will have the ability to seek legal representation from a DUI defense lawyer in Chicago, Illinois, regardless of whether you take the breathalyzer test or refuse it.

What is a Breathalyzer Test?

Illinois residents are increasingly receiving text messages and emails from scammers claiming to be from the Office of the Illinois Secretary of State advising them that there is an issue with their driver’s license or that they have discovered an irregularity in their personal information.

These messages request that the person provide information such as their driver’s license number, date of birth, address, phone number and social security number. The latest of these messages replicate the Secretary of State’s website. The message usually includes a warning that the failure to provide the requested information will result in the ‘termination’ or ‘cancellation’ of the person’s driver’s license.

Anyone who receives such a message should be aware that they are the target of a scam. These text and email messages do not originate from the Illinois Secretary of State’s office. The Secretary of State does not email or text individuals seeking personal information.

In Illinois, speeding 26 mph or more over the posted limit is a criminal offense. This offense is also known as aggravated speeding, misdemeanor speeding or excessive speeding. The penalties for aggravated speeding tickets were addressed in an earlier post. Below are the answers to some additional questions we often receive regarding Illinois speeding tickets.

Can you be arrested for speeding in Illinois?

Speeding 26 miles per hour or more above the posted speed limit is a misdemeanor in Illinois. A misdemeanor is a criminal offense and, therefore, you can be placed under arrest. While some police officers will simply issue an aggravated speeding ticket with a required court appearance and release you on the spot, that is not always the case. Depending on the officer and the law enforcement agency’s policy, you may be arrested, transported back to the police station and processed before being released.

You spent months preparing for a hearing with the Illinois Secretary of State to finally get your driving privileges restored after years of having a revoked license. You have done everything asked of you including the completion of your evaluation, treatment and classes.

Finally, the big day arrives and you appear for your hearing. As you walk out of the hearing room, you think everything went well. You eagerly wait for your decision to arrive. After several months of waiting and hoping, the Secretary of State has denied your request not only for reinstatement but has also denied you a restricted driving permit (RDP). You are devastated and confused.

The license reinstatement attorneys at The Davis Law Group, P.C. have represented thousands of drivers before the Secretary of State. A large percentage of our clients have previously had hearings either on their own or with another attorney and have been denied. As a result, we have had countless opportunities to review prior denial orders. Our experience tells us that there are many recurring reasons why people are denied driving privileges.

Illinois law has prohibited the expungement and sealing of DUIs as part of a longstanding policy. Past failed legislative efforts have primarily sought to make DUIs expungeable, which would affect the Secretary of State’s ability to track a driver’s DUI history.

In Illinois, a person’s DUI arrest history is significant in a variety of ways. For example, it is used to determine whether to charge a new DUI as a misdemeanor or felony, whether the individual is eligible for court supervision, and determine their eligibility for license reinstatement. If the Secretary of State were forced to delete such information from a driving record, certain laws would become difficult, if not impossible, to enforce. As a result, the Illinois Secretary of State has opposed past efforts to pass DUI expungement and sealing laws.

Now, a new legislative effort is underway, which has a chance at passage due to substantial support among legislators and a lack of opposition from the Secretary of State.

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