Articles Posted in License Reinstatement

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For the last several years, Larry Davis has been engaged in negotiations on behalf of the Illinois State Bar Association (‘ISBA’) and the Illinois Lawyers and Substance Abuse Counselors Association (‘ILSACA’) with the Office of the Secretary of State (‘SOS’) regarding several proposed changes to the Illinois driver licensing laws as well changes in the Illinois DUI laws with other interested parties.

We are pleased to advise you that the SOS Traffic Safety Advisory Committee has voted to approve many these proposals. The accepted proposals include the following:

Elimination of all ‘hard times’ under current law. Simply put, these are statutory periods during which a driver could not obtain relief during certain periods of a statutory summary suspension (‘SSS’) or revocation. These include:

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The question of whether medical marijuana cultivation centers and dispensaries will receive their licenses has been put into the hands of the new governor, Bruce Rauner. Governor Pat Quinn left office without issuing the contemplated licenses and it is unclear whether Rauner will issue them. Rauner showed his opposition to medical marijuana during his campaign but sources indicate that he may be reconsidering his position. A Rauner spokeswoman said his administration is “in the process of reviewing it.”

While the decision to issue licenses has not been made, on Monday morning, Governor Quinn signed into law changes to the current medical marijuana program in Illinois. One significant change is that patients charged with driving under the influence of medical cannabis will have their medical marijuana card revoked and their driver’s license suspended.

Also, state regulators will have the authority to fine and suspend individuals for violating existing law. Before this change, the only penalty was to revoke a violator’s license. Additionally, fingerprints of owners, investors, and employees of cultivation centers and dispensaries as well as patients and caregivers will be checked against state and federal databases.

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ABC 7’s I-Team investigated the TVDL application process whereby undocumented immigrants can apply for an Illinois driver’s license. According to the story, there are reports of “appointments-for-sale” schemes targeting these individuals.

All applicants are required to schedule an appointment with the Secretary of State. Due to extremely high demand, appointments are not readily available. Applicants are frequently unable to get through by phone or online. An official at the Secretary of State’s office estimates that between 250,000 and 500,000 illegal immigrants are interested in applying for a TVDL. Approximately 90,000 people have either already applied or are scheduled for an appointment. The Secretary of State estimates that it may take three years to work through the pool of applicants.

The Illinois Attorney General’s office is reportedly investigation complaints of driving schools charging undocumented immigrants to obtain an appointment. Would-be applicants are allegedly paying hundreds of dollars to individuals promising to obtain appointments on their behalf. The Secretary of State and Attorney General are asking for any information relating to the sale of TVDL appointments.

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On Wednesday, the Illinois House unanimously passed legislation out of committee that would allow those with a lifetime revocation based on DUI to apply for a restricted driving permit (RDP) before the Illinois Secretary of State. Those offenders with four DUI convictions would be eligible five years after losing their license or their release from prison. These repeat offenders would need to demonstrate three years of sobriety, complete treatment programs, and drive with a BAIID device (Breathalyzer) at all times. The Alliance Against Intoxicated Motorists supports the legislation, believing that legalizing drivers who may otherwise drive illegally and uninsured in order to provide for their families. The RDP would only allow the individual to drive during specific hours and for specific purposes (i.e. work). The bill now moves to the full House for consideration.

Plan to ease DUI penalties advances in legislature, www.sj-r.com, May 14, 2014

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Former Illinois State Police Trooper Matt Mitchell was denied driving relief by the Secretary of State once again after revocation stemming from his involvement in a fatal crash. According to Mitchell’s attorney, the hearing officer recommended driving relief only to have the decision overruled by a Secretary of State official in Springfield. His attorney believes that due to the high profile nature of the case, the Secretary of State is concerned with bad publicity. Mitchell would like to find work and have the ability to drive his 11-year-old daughter to school. His attorney has filed a request for administrative review in Jefferson County court.

Mitchell was involved in a November 23, 2007 crash which resulted in the death of two sisters. Mitchell’s squad car reportedly crossed the center line into oncoming traffic on Interstate 64. An investigation determined that the vehicle had been traveling at 126 mph while Mitchell was on his cell phone and typing on an in-dash computer. He was heading to an accident scene. In 2010, Mitchell pled guilty to reckless driving and was sentenced to 30 months probation. He plans to continue to apply for reinstatement.

Mitchell’s attorney outraged his client can’t get license back, www.bnd.com, February 6, 2014

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In January 2013, Governor Quinn signed Senate Bill 957, allowing undocumented immigrants to receive driver’s licenses in the State of Illinois. Under the new law, aliens who do not have a VISA or Social Security number may be eligible to receive a Temporary Visitor Driver’s License (TVDL) as early as November 2013.

When applying, the undocumented immigrant must make an appointment at a Secretary of State facility and present proof of Illinois residency for a minimum of one year, proof of their ineligibility to obtain a social security number, a valid unexpired passport from the applicant’s country of citizenship, in addition to other documentation not yet outlined by the Secretary of State. All applicants must consent to a facial recognition search, which is aimed to prevent fraud. The Secretary of State has a highly sophisticated and accurate facial recognition database, which uses an algorithm to match more than a dozen facial features. Fingerprinting will not be used.

The TVDL is valid for a period of three (3) years and may not be renewed. The applicant must reapply for a new TVDL each time. The applicant must have proof of liability insurance or the TVDL is considered invalid. As a result, a TVDL holder who does not posses valid proof of insurance may be charged with Driving Without a Valid License (625 ILCS 5/6-101). The TVDL is not a valid form of identification, may not be considered valid outside of Illinois, and will look different from a standard driver’s license. It is estimated that the new law will allow approximately 250,000 people unlawfully residing in Illinois to apply for driving privileges.

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Julio Duran, 27, was charged with aggravated DUI after crashing into an auto repair shop in the Mount Greenwood neighborhood around 1:20 a.m. last Friday. Duran allegedly measured a BAC of .294, more than the three times the legal limit.

Duran was taken in critical condition to Advocate Christ Medical Center in Oak Lawn. He remained in the hospital on Saturday while a judge ordered him held on $250,000 bond.

Duran was also cited for Failure to Reduce Speed to Avoid an Accident, Driving on a Revoked License and Driving without Insurance.

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Paul Woodard walked into court with his public defender with hopes that his $20,000 bail would be reduced to $10,000. However, Assistant States Attorney Andrew Whitfield told a Kane County Judge about Woodward’s 25 previous driving on revoked charges, seeking to increase his bond to $150,000.

Judge Kostelny instead raised his bond to $75,000. Whitfield argued that the only way to protect the public would be to raise Woodard’s bond to keep him off the street.

Woodard was charged with aggravated DUI and aggravated driving with a revoked license. After officers tried to stop Woodward for driving 44 mph in a 30 mph zone, Woodard pulled into a driveway and allegedly attempted to flee on foot but was eventually caught. Due to his previous convictions, Woodard is facing a Class 2 felony. If convicted, Woodward’s previous drug and other felony convictions could result in an extended sentence on the new charges.

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Carlos Estrada, 42, of Berwyn was arrested on suspicion of DUI on Wednesday, just hours before he was due to appear in court to be sentenced on a prior DUI. Just before 9 p.m. on Tuesday, Estrada was pulled over in a Dodge Durango near the intersection of Harlem Avenue and Lawton Road for an expired registration sticker. As the officer approached the vehicle, the driver sped away.

After another officer spotted the vehicle in Berwyn, Estrada allegedly blew eight stop signs in an effort to outrun the police. The chase was called off out of concern for public safety. However, around 1 a.m. the vehicle was spotted again and police followed the vehicle to Estrada’s home. After Estrada exited the vehicle, Riverside officers reportedly chased him through yards before tackling and arresting him.

Estrada’s has had a revoked driver’s license since 1985 for three DUI convictions. Police say aggravated DUI charges are pending the results of blood and urine tests. Estrada was charged with felony aggravated fleeing and eluding as well as a number of traffic citations.

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Terry Robinson, 48, was taking his 19-year-old daughter to work in Calumet City when he allegedly ignored the crossing signals and drove onto the railroad tracks at 97th Street and South Eggleston Avenue. His Pontiac Grand Prix was struck on the passenger side by an Amtrak train bound for New York. The train was going 40 mph and Robinson’s daughter, Patricia, received the brunt of the impact. She was pronounced dead later that night at Advocate Christ Medical Center in Oak Lawn. Her father had allegedly been drinking with a BAC just below the .08 percent limit.

Terry Robinson was recently paroled four months prior to the accident for attempted burglary. He was also convicted for delivery of a controlled substance in 1994. Robinson has more than 50 traffic citations on his driving record, including numerous arrests for driving on a revoked or suspended license. Robinson is now being charged with reckless homicide for the death of his daughter.

Dad charged after daughter killed in car-train crash, www.chicagobreakingnews.com, April 12, 2011