To decline issuance of the MDDP, the person must file a petition with the court of venue . The court is then required to advise the person of the penalties for driving while suspended. The person must then, in writing, decline issuance of the permit which is then filed and forwarded by the clerk of the court to the Secretary of State. 625 ILCS 5/6-206.1(a).
However, note that where one wishes to decline issuance of the MDDP, this procedure avoids, in practice, the need to appear in court despite the provisions of the statute that provides otherwise. Specifically, if the person does not send in the MDDP application, the permit will not be issued. Although the notice sent by the Secretary of State states that the person is automatically enrolled in the program, enrollment does not occur unless the application is returned, thereby preventing the necessity for a court order declining issuance.
Query: Since the statute requires that a person who does not wish to use an MDDP be admonished by the court that if he or she is arrested for the offense of driving while suspended, they may be charged with aggravated driving while suspended, and the Secretary of State’s procedure short-circuits the need for such an admonishment, may the lack of a statutorily required admonishment be the basis for challenging an enhancement? See 625 ILCS 5/6-206.1(a); 625 ILCS 5/6-303(c-3).
A person may also voluntarily terminate participation in the MDDP program after the permit has been issued by written notification and surrender of the permit to the Secretary of State. Likewise, the person may resume participation during the period of the statutory summary suspension by notifying the BAIID Division of the Secretary of State in writing. However, after terminating participation, a person may re-enroll only once. 92 Ill.Admin.Code sec. 1001.444(a)(6).
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