Representing clients with non-alcohol/drug related offenses Lawyer Manual

Introduction

Generally, the phrase "non-alcohol related hearings" includes those matters where the underlying basis for the Order of Revocation or Suspension A temporary stop of a law is related to:

    (1) Suspension or revocation as the result of conviction When someone is declared guilty of a crime by a court of three (3) or more moving violations within a twelve (12) month period.  625 ILCS 5/6 206(a)(2); or

    (2) Suspension or revocation as the result of conviction of multiple moving violations.  625 ILCS 5/6 206(a)(3).

    Other, less frequently seen causes for non-alcohol-related suspensions and revocations appear at 625 ILCS 5/6 206(a)(4)-(52).

Initially, if the suspension or revocation is based upon a conviction of a moving violation, counsel Another name for a lawyer should satisfy himself or herself that no basis to vacate the conviction exists in the court of venue The particular location where the case should be filed based on case-related events that happened there , e.g., where there has been an ex parte default finding against the client.  If such a basis does exist, then it may be possible to obtain a rescission of the order of suspension or revocation without the need for an administrative hearing Similar to trial but less formal. It's held in front of a judge who works for a government agency. .

Preparation of Documentary Evidence

In the author's experience, non-alcohol-related suspensions or revocations of a client's driver's license is usually the result of either inherently poor driving habits, a conscious disregard for the laws governing the operation of motor vehicles or a combination of both.  Therefore, the preparation of documentary evidence Anything used to show that something is true to meet and carry the petitioner A person who makes a written request to a court 's burden of proof The standard required to to prove something , i.e., that to issue driving privileges will not endanger the public safety and welfare should be with this goal in mind.

The type of evidence that counsel should consider introducing is as follows:

Remedial Efforts

Completion of a remedial driver course or defensive driving course by the client. Some websites, e.g., www.nsc.org allow the completion of such a course online. See 92 Ill. Administrative Code, ch. II, sec. 1001.420(h), regarding evidence of efforts at rehabilitation or reform of past driving habits and Secretary of State's authority to require such attendance.  625 ILCS 5/6 206(c)(3);

Character Reference Letters

Character reference letters stressing such things as the client's degree of maturity, responsibility, present general attitudes and what changes have occurred in these areas since the revocation or suspension of his/her privileges;

Documentation of Request for Employment, Medical or Educational Relief

Completion of a letter from the client's employer, doctor or school must be provided when the client's petition (noun) A written request to a court (verb) To request from a court includes a request for employment, medical or educational privileges. This document should comply with the requirements as set forth in 92 Ill. Administrative Code, ch. II, sec. 1001.420(b).

Preparation of Testimony

As above the preparation of the client's testimony Evidence given orally by witnesses and any witnesses to be called should be completed well before the hearing When the parties in a case present their sides of a case to a judge or other officer .

Prior Driving Record and Change in Attitude

The client should be familiar with his driving record including nature and the facts or circumstances surrounding each violation.

Since, to a very great extent, the success or failure of the petition for relief will depend upon the client's demeanor and his ability to communicate such matters as his change in maturity, responsibility, and current attitudes, the client should be thoroughly prepared to testify To answer questions under oath in detail as to these matters in a credible fashion.  See 92 Ill. Administrative Code, ch. II, sec. 1001.420(e).

Testimony as to Undue Hardship

Where the client is applying for hardship relief, he should be prepared to testify to facts necessary to sustain a finding by the Secretary of State that there exists an undue hardship as the result of such suspension or revocation of his license. Note again, that an undue hardship need not be shown if the person is otherwise eligible for reinstatement and a restricted permit is being sought as a probationary device. 92 Ill. Administrative Code, ch. II, sec. 1001.420(i) and 1001.430(c).

Corroborative Testimony

The preparation of a witness A person who answers questions in court under oath to testify on the client's behalf is generally not necessary if a letter from such a witness is available in meeting the client's burden of proof.  The witness's testimony or letter will be critical in verifying the client's maturity and sense of responsibility and general opinion as to the client's ability to operate a motor vehicle in conformity with the law.