The Secretary of State's Office has undergone sweeping changes over the last 30 years as a result of increased enforcement and changes in the state’s DUI laws. It was the result of a consequent increase in the number as well as the length of revocations/suspensions; changes in public attitudes regarding alcohol-related driving offenses; and stricter regulations and policies of the Office of the Secretary of State.
Provisions of the Illinois Vehicle Code (625 ILCS 5), particularly as they relate to the revocation/suspension of drivers' licenses and driving privileges as well as the interpretation thereof by the courts have become increasingly complex. At the same time, the rules and regulations, as well as the hearing procedures in the Secretary of State's office, have likewise become complex and often bewildering. These factors, together with the restrictive consideration accorded to requests for relief have resulted in a relatively high rate of denial of such applications.
The provider cannot alter the general policies or attitudes of the Secretary of State as they relate to its approach to the DUI problem and its restrictive consideration of requests for relief from orders of revocation/suspension. These are matters to be addressed, if necessary, legislatively; on administrative review; or subsequent appeal . The provider can, however, be prepared with detailed knowledge and understanding of the applicable statutes, rules, regulations, and policies of the Secretary of State's Office and thereby assist the deserving driver in obtaining favorable consideration of his or her petition .
While the alcohol/drug evaluation and treatment documentation are but one component in the application process, the documentation is the most crucial component, together with the client’s testimony at the time of the hearing.
Providers cannot function effectively in this environment without a good working knowledge of the applicable laws, rules, and policies governing the process. These materials are designed to assist the provider in that regard hopefully.
The statutory grant of authority
The Secretary of State's Office exercises quasi-legislative (rulemaking) powers (625 ILCS 5/2-104(b)) as well as quasi-judicial (adjudicatory) powers (625 ILCS 5/2-118) in the administration and enforcement of the provisions of the Illinois Vehicle Code.
The decision to grant or deny a restricted driving permit is permissive and not mandatory, and before a restricted driving permit is issued, the Secretary of State must weigh the public interest against the hardship suffered by the applicant. Considerable discretion is given to the Secretary.
Initial contact with the client
The provider should closely question his/her client as to the basis for the revocation or suspension of a driver's license and privileges and to verify the information provided, should obtain a court purpose abstract of the client's driving record from the client. (This is, of course, required by the Division of Alcoholism and Substance Abuse (DASA) rules unless the client has an alcohol/drug related summary provided by a Secretary of State informal hearing officer).
The provider must obtain a history of alcohol/drug offenses that have occurred in foreign states. These offenses must include those that occurred and do not appear on the client’s Illinois court purposes record. The client or his attorney should contact the Secretary of State’s office and obtain a Problem Driver Pointer System (PDPS) check of the client’s record to determine if there are out of state offenses. PDPS is a national database designed to check any driver’s foreign state history.
If out of state offenses have occurred and are not accounted for by the provider, the client will be denied relief. Failure of the provider to include such out of state offenses can negatively affect the client’s classification, drinking/drug use history and other information or conclusions contained in the evaluation and other documentation.
Part of the Legal Professionals library, sponsored by Reed Smith
