The Illinois Criminal Justice Information Authority is a state agency that studies our court system closely. From time to time, I read the summaries on their site. They have been tracking the increasing frequency of probationary sentences for driving under the influence and other vehicle code offenses. Their statistical survey proves that judges are cracking […]
statutory summary suspension
If the defendant prevails in the hearing on the petition to rescind statutory summary suspension, the judge will sign an order directing the Secretary of State to rescind the suspension. The clerk in that courtroom will follow up with the Secretary of State after the court call has concluded. But this takes time. The clerk […]
A second arrest for driving under the influence carries additional penalties for a person’s driving privileges. First, the statutory summary suspension will take effect 46 days after the date of arrest. If the person has either a DUI or summary suspension in the last 5 years, then that person is not a ‘first offender’ for […]
An arrest for driving under the influence has two consequences on a person’s driving privileges under Illinois law. First, his driver’s license will be suspended 46 days after the date of arrest based on either 1) a breath alcohol concentration of 0.08 or more, or 2) a refusal to take the breathalyzer test. The suspension […]
The Monitoring Device Driving Permit (MDDP) that is available for first offenders is subject to certain terms and conditions. These rules apply to all permitees, regardless of the individual circumstances of their case. For example, a person whose driver’s license is suspended for a positive urine test for cannabis or a controlled substance must used […]
During a period of statutory summary suspension, some defendants may qualify for a driving permit. The permit is called a Monitoring Device Driving Permit. The permit is referred to as an MDDP by attorneys and the courts. The statute is 625 ILCS 5/6-206.1 of the vehicle code. The MDDP is a permit allowing the defendant […]
Every arrest for driving under the influence has two consequences: first, the suspension of driving privileges, and second, the criminal offense of DUI. The driver’s license suspension operates on a time table, whereas the criminal offense does not. A person who is arrested for DUI will have his driving privileges suspended pursuant to a statutory […]
