NCJ Number
167468
Journal
Illinois Bar Journal Volume: 84 Issue: 11 Dated: (November 1996) Pages: 556-564
Date Published
1996
Length
9 pages
Annotation
Attorneys who know and understand the Illinois statutes, rules, regulations, and policies of the Secretary of State (SOS) can effectively and often successfully represent those who seek relief from an order of suspension or revocation of a driver's license.
Abstract
Illinois laws and regulations regarding driving under the influence (DUI) have changed considerably in the last decade and have resulted in a high rate of denial for petitions for driving relief. The attorney's first step in such a case is to obtain a court purposes abstract of the client's driving record from the SOS. The attorney should review the abstract to determine whether the client may be able to regain driving privileges without a hearing. The SOS conducts both formal hearings and the informal hearing or conference. The informal conference often leads to quicker relief for those eligible. The formal hearing is a quasi-judicial adversarial proceeding with a hearing officer, oral testimony, and documentary evidence. The majority of hearings conducted before the SOS are for alcohol-related cases. The alcohol evaluation is the single most important item of evidence for the client. The Illinois Department of Alcoholism and Substance Abuse created a new classification system for DUI offenders; the system took effect on November 1, 1992. Among the issues for specific classifications are the completion of remedial education, treatment verifications, and treatment waivers. Suggestions for preparing clients and the hearing and footnotes