20 of Chicago Police Officer Richard Fiorito's DUI cases dropped - 11/16/09

Charges were dropped in some of the cases involving Chicago Police Officer Richard Fiorito, who is accused of making false DUI arrests.- 11/16/09 - Chicago News - abc7chicago.com

Cook County State's Attorney Anita Alvarez ordered the charges be dropped on Monday. 

DUI Illinois, Summary Suspension, Lawyer, Driving on a Suspended or Revoked License, Chicago, Illinois DUI Attorney

The DUI criminal charge in Illinois is separate from the Statutory Summary Suspension, which is an administrative process. In Illinois, Driving under the Influence of Alcohol (DUI) or on a Suspended or Revoked license can have serious consequences.

An officer stops a vehicle at a roadside safety check or for probable cause, reasonable suspicion or unusual operation. The officer observes the driver and requests a driver's license, vehicle registration.

If the officer suspects the driver is under the influence, the driver is requested to submit to field sobriety tests.

If the officer has probable cause based on the field sobriety tests, the driver is placed under arrest for DUI and taken to the police station. The driver is requested to submit to a chemical testing of breath, urine or blood.

If a tested driver's BAC is more than .05 but less than .08 percent and no drugs are found in the system, no Statutory Summary Suspension will apply. However, the associated DUI charge will remain until appropriate action is taken by the court.

If the driver refuses or fails to complete testing, the Statutory Summary Suspension will apply. A repeat offender who refuses testing will not be eligible for a Restricted Driving Permit (RDP) during the three-year suspension. A repeat offender who takes the test and fails is not eligible for an RDP during the 12-month suspension.

If the driver's test results show a BAC of .08 percent or more, or any trace of a drug, illegal substance or intoxicating compound, the driver will be issued a law enforcement sworn report notifying the driver of a Statutory Summary Suspension.

If the driver's license is valid, a receipt is issued that will allow driving for 45 days. The offender is required to post bond and may be detained until bond is posted. The offender's vehicle may be towed, impounded or seized.

Statutory Summary Suspension, Illinois (Effective on January 1, 2009, a new Illinois law mandates car breath test device for first-offense DUIs. Provides that a first offender who receives a statutory summary suspension shall be issued a monitoring device driving permit (rather than a monitoring device driver's license), except under specified circumstances.)

A Statutory Summary Suspension is an administrative procedure providing for the automatic driver's license suspension of a driver arrested for DUI who fails chemical testing (a test showing a BAC of .08 percent or more or any amount of cannabis, controlled substance or intoxicating compound) or who refuses to submit to or fails to complete testing.

Penalty for failing chemical testing:

First offense — mandatory 3-month driver's license suspension
Second offense — mandatory 12-month suspension

Penalty for refusing to submit to chemical testing:

First offense — mandatory 6-month driver's license suspension
Second offense — mandatory 36-month suspension

A Statutory Summary Suspension in Illinois does not apply to an individual who has a BAC of less than .08. If a BAC greater than .05 and additional evidence such as an open container warrants a DUI arrest, the outcome of the court case will determine if penalties apply.

Summary suspensions in Illinois are automatic, effective on the 46th day from the notice date of the suspension. This suspension of driving privileges does not take the place of criminal penalties for a DUI conviction. An offender may request a judicial hearing to challenge the legality of an arrest; however, the request does not stop the suspension from taking effect.

If a commercial driver’s license (CDL) holder receives a Statutory Summary Suspension, his/her CDL privileges will be disqualified for 12 months if a first offender and lifetime disqualification for a second offender. A Judicial Driving Permit (JDP) may be available to qualifying offenders during the suspension period.

Penalties for a DUI Conviction, Driving Under the Influence, Illinois

A first-time or second-time DUI in Illinois is typically charged as a misdemeanor, not a felony. However, a third-time DUI in Illinois or a drunk driving case where someone suffers great bodily harm will be treated as a felony.

A first DUI offender in Illinois can receive court supervision, only once, which will not be viewed as a conviction. The criminal case is dismissed after successful completion of court supervision, but can't be expunged from the public record.

First conviction (under age 21) — Class A misdemeanor with possible 0- 12 months imprisonment; loss of driving privileges for minimum 2 years; 100 hours community service; fines of up to $2,500; eligible for Restricted Driving Permit (RDP) after one year of revocation; may be required to have a BAIID installed in vehicle as part of driving relief.

Underage DUI, Illinois: zero tolerance law penalties apply to drivers in Illinois under age 21 who have any trace of alcohol in their systems or who refuse to submit to chemical testing.
• First offense: 3-month driver's license suspension for a BAC greater than .00; 6-month suspension for refusal to submit to or failure to complete testing.
• Second offense: 1-year driver's license suspension for a BAC greater than .00; 2-year suspension for refusal to submit to or failure to complete testing.
• If a commercial driver’s license (CDL) holder receives a zero tolerance suspension, his/her CDL privileges will be disqualifed for 12 months if a first offender and lifetime disqualification for a second offender.

Offenses Related to Underage Drinking, Illinois

Purchase or Attempted Purchase of Alcohol by a Minor
• Any person under age 21 convicted of violating the Liquor Control Act of 1934 for the illegal purchase, attempting to purchase, accepting, possession or consumption of alcohol will have his/her driving privileges suspended or revoked for 1 year.

Providing Alcohol to a Person Under 21
Class A misdemeanor with possible 0-12 months imprisonment; fines of $500-$2,500.

Parental Responsibility
Applies to parents or guardians knowingly allowing underage consumption of alcoholic beverages at gatherings at a residence. Class A misdemeanor with possible 0-12 months imprisonment; fines of $500-$2,500.

Illegal Transportation
Offenders may have their driving privileges suspended for 1 year for a first offense and revoked for a subsequent offense.

Hotel/Motel Responsibility
Applies to any hotel/motel employee who rents a room to a person under age 21 knowing that alcoholic beverages will be consumed there; or any person age 21 or older paying for a hotel room or facility knowing alcoholic beverages will be consumed there by individuals under age 21.
• Class A misdemeanor with 0-12 months imprisonment; fines of up to $2,500.
• Persons over age 21 paying for the hotel/motel room are held liable for any injuries or damage to persons or property caused by the underage drinker(s).

Accidents Causing Injury or Death
• Any person under age 18 who has been charged with an offense as a result of an accident in which a passenger was seriously injured or killed may be denied a driver's license or license renewal by the Secretary of State's office.

First conviction (over age 21) — Class A misdemeanor with possible 0-12 months imprisonment; loss of driving privileges for minimum 1 year; 100 hours community service; fines of up to $2,500; eligible for RDP; may be required to have a BAIID installed in vehicle as part of driving relief.

Second conviction — Class A misdemeanor with possible 0-12 months imprisonment; fines of up to $2,500; eligible for RDP after one year of revocation; required to have a BAIID installed in vehicle as part of driving relief; loss of driving privileges for minimum 5 years if committed within 20 years of first conviction.

—Within five years of first conviction: Mandatory 5 days in jail or 240 hours community service (terms of imprisonment or community service not subject to suspension/reduction nor is offender eligible for probation); fines of up to $2,500; eligible for RDP after one year of revocation; required to have a BAIID installed in vehicle as part of driving.

Third conviction (Aggravated DUI) — Class 2 felony with possible 3-7 years imprisonment; mandatory minimum 10 days in jail or 480 hours community service; fines of up to $25,000; loss of driving privileges for minimum 10 years.

—Within five years of previous conviction: Mandatory minimum 10 days in jail or 480 hours community service (terms of imprisonment or community service not subject to suspension/reduction nor is offender eligible for probation); eligible for RDP after one year of revocation; required to have a BAIID installed in vehicle as part of driving relief.

Fourth conviction (Aggravated DUI) — Class 2 felony with possible 3-7 years imprisonment; fines of up to $25,000; lifetime loss of driving privileges; not eligible for any type of driving relief.

Fifth conviction (Aggravated DUI) — Class 1 felony with possible 4-15 years imprisonment; fines of up to $25,000; lifetime revocation of driving privileges; not eligible for any type of driving relief.

Sixth or subsequent conviction (Aggravated DUI) — Class X felony with possible 6-30 years imprisonment; fines of up to $25,000; lifetime revocation of driving privileges; not eligible for any type of driving relief.

Driving Under the Extreme Influence — BAC of .16 or greater, Illinois

First conviction — Class A misdemeanor with possible 0-12 months imprisonment; loss of driving privileges for minimum 1 year (if under 21, minimum 2 years); 100 hours community service; fines of $500-$2,500; eligible for RDP; may be required to have a BAIID installed in vehicle as part of driving relief.

Second conviction — Class A misdemeanor with possible 0-12 months imprisonment; loss of driving privileges for minimum 5 years if committed within 20 years of first conviction.

—Within five years of first conviction: Mandatory 7 days in jail; community service may be awarded in addition to, but not in lieu of jail time; fines between $1,250-$2,500; eligible for RDP after one year of revocation; required to have a BAIID installed in vehicle as part of driving relief.

—Within 10 years of first conviction: Mandatory 2 days in jail; fines of $1,250-$2,500; eligible for RDP after one year of revocation; required to have a BAIID installed in vehicle as part of driving relief.

Third conviction (Aggravated DUI) — Class 2 felony with possible 3-7 years imprisonment; mandatory 90 days imprisonment (not eligible for community service); fines of $2,500-$25,000; loss of driving privileges for minimum 10 years; eligible for RDP after one year of revocation; required to have a BAIID installed in vehicle as part of driving relief.

—Within 20 years of previous conviction: Loss of driving privileges for minimum 10 years.

Fourth conviction (Aggravated DUI) — Class 2 felony with possible 3-7
years imprisonment (not eligible for probation or conditional discharge);
minimum fine of $2,500.

Driving Under the Influence — Child Endangerment
(driver over age 21 transporting a child under age 16)

First conviction — Mandatory 6 months in jail and 25 days of community service in a program benefiting children; loss of driving privileges for minimum 1 year; fines of $1,000-$2,500; eligible for RDP; may be required to have a BAIID installed in vehicle as part of driving relief.

—If resulting in bodily harm to a child: Class 4 felony with possible 1- 3 years imprisonment; mandatory fine of $2,500-$25,000 and 25 days of community service in a program benefiting children (imprisonment or assignment to community service not subject to suspension); not eligible for probation.

Second conviction — Class A misdemeanor with possible 0-12 months imprisonment; mandatory 6 months in jail and 140 hours community service, 40 hours of which in program benefiting children (terms of imprisonment or community service not subject to suspension/reduction); not eligible for probation; fines of $1,000-$2,500; loss of driving privileges for minimum 5 years if committed within 20 years of first conviction; eligible
for RDP; required to have a BAIID installed in vehicle as part of driving relief.

—Within 10 years of first conviction: Class 4 felony with possible 1-3 years imprisonment; mandatory 1 year in jail and 25 hours community service in program benefiting children (terms of imprisonment or community service not subject to suspension/reduction); not eligible for probation; minimum fine of $2,500; eligible for RDP; required to have a BAIID installed in vehicle as part of driving relief.

—Within 10 years of first conviction and resulting in bodily harm to a child: 18 months in jail; 25 days community service in program benefiting children (terms of imprisonment or community service not subject to suspension/reduction); not eligible for probation; mandatory minimum fine of $5,000-$25,000.

Third conviction (Aggravated DUI) — Class 2 felony with possible 3-7 years imprisonment; 25 days community service in program benefiting children (terms of imprisonment or community service not subject to suspension/ reduction); not eligible for probation; mandatory fine of $2,500-$25,000; loss of driving privileges for minimum 10 years.

—Within 20 years of previous conviction: Class 2 felony with possible 3-7 years imprisonment; mandatory 3 years in jail and 25 days community service in program benefiting children (imprisonment or assignment of community service not subject to suspension); not eligible for
reduced sentence; mandatory fine of $25,000.

Fourth conviction (Aggravated DUI) — Class 2 felony with possible 3-7 years imprisonment; not eligible for probation/conditional discharge; minimum fine of $25,000.

DUI while Suspended or Revoked for Previous DUI; Leaving the Scene of a Personal Injury or Fatal Crash; Reckless Homicide; or Aggravated DUI with a Death.

First conviction — Class 4 felony with possible 1-3 years imprisonment; loss of driving privileges for double the original suspension period or additional 1-year revocation.

—If suspended for previous DUI: Additional 30 consecutive days in jail, 40 days of 24-hour periodic imprisonment or 720 hours community service (terms of imprisonment or community service not subject to suspension/reduction); not eligible for probation; fines of up to $2,500; may result in seizure and forfeiture of vehicle.

Second conviction — Class 4 felony with possible 1-3 years imprisonment; mandatory 30 days in jail or 200 hours community service; loss of driving privileges for double the original suspension period or additional 1- year revocation.

—If suspended for previous DUI: Additional 30 consecutive days in jail, 40 days of 24-hour periodic imprisonment or 720 hours community service (terms of imprisonment or community service not subject to suspension/ reduction); not eligible for probation; fines of up to $2,500; may result in seizure and forfeiture of vehicle.

Third conviction — Mandatory minimum 10 days in jail or 480 hours community service; loss of driving privileges for double the original suspension period or additional 1-year revocation.

—If suspended for previous DUI: Additional 30 consecutive days in jail, 40 days of 24-hour periodic imprisonment or 720 hours community service (terms of imprisonment or community service not subject to suspension/ reduction); not eligible for probation; may result in seizure and forfeiture of vehicle.

Fourth conviction — Class 2 felony with possible 3-7 years imprisonment (not eligible for probation or conditional discharge); fines of up to $25,000; may result in seizure and forfeiture of vehicle.

Additional Consequences of DUI, Illinois
• A DUI conviction is a permanent part of an offender's driving record.
• The offender may lose work time.
• The offender will be required to complete an alcohol/drug evaluation and an alcohol/drug remedial education course or substance abuse treatment program before his/her driving privileges are reinstated.
• The offender must meet the requirements of the Secretary of State's Department of Administrative Hearings prior to obtaining a Restricted Driving Permit.
• The offender's vehicle may be impounded or seized.
• A Breath Alcohol Ignition Interlock Device (BAIID) may be installed in the offender's vehicle as a condition of driving relief.
• The offender is required to carry high-risk auto insurance for 36 consecutive months.
• The offender's vehicle registration will be suspended or revoked.

Penalties for Other DUI-Related Offenses, Illinois

Aggravated DUI
A third or subsequent DUI conviction; a DUI while driving a school bus carrying children; a DUI resulting in great bodily harm, permanent disability or disfigurement; a DUI without a license or permit; a DUI with no proof of insurance; or a DUI after a prior conviction of reckless homicide or Aggravated DUI resulting in one or more details.

Aggravated DUI Involving a Death
A DUI resulting in one or more deaths.
• Class 2 felony with possible 3-14 years imprisonment; fines of up to $25,000.
• Possible 6-28 years imprisonment for multiple fatalities.
• Minimum 2-year revocation of driving privileges.

Reckless Homicide (DUI)
A DUI resulting in the loss of life.
• Class 2 felony with possible 3-14 years imprisonment; fines of up to $25,000.
• Possible 6-28 years imprisonment for multiple fatalities.
• Minimum 2-year revocation of driving privileges.

Possession of Drugs in a Vehicle
Illegal possession of a controlled substance or cannabis by a driver; violations must be entered in court records and reported to the Secretary of State.
• 1-year suspension of driving privileges for a first conviction.
• 5-year suspension of driving privileges for a second conviction within 5 years.

Knowingly Permitting a Driver Under the Influence to Operate a Vehicle
Class A misdemeanor with possible 0-12 months imprisonment and fines of up to $2,500.

Driving on a Suspended or Revoked License, Illinois

First conviction — Class A misdemeanor with possible 0-12 months imprisonment; mandatory 10-day imprisonment or 30 days community service; fines of up to $2,500; loss of driving privileges for double the original suspension period or additional 1-year revocation; may result in seizure or forfeiture of vehicle.

Second conviction — Class 4 felony with possible 1-3 years imprisonment; minimum 30 days in jail or 300 hours community service; fines of up to $25,000; loss of driving privileges for double the original suspension period or additional 1-year revocation; may result in seizure or forfeiture of vehicle.

Third conviction — Class 4 felony with possible 1-3 years imprisonment; minimum 30 days in jail or 300 hours community service; fines of up to $25,000; loss of driving privileges for double the original suspension period or additional 1-year revocation; may result in seizure or forfeiture of vehicle.

Fourth-ninth conviction — Class 4 felony with possible 1-3 years imprisonment; minimum 180 days in jail; fines of up to $25,000; loss of driving privileges for double the original suspension period or additional 1-year revocation; may result in seizure or forfeiture of vehicle.

10th-14th conviction — Class 3 felony with possible 2-5 years imprisonment; not eligible for probation or conditional discharge; fines of up to $25,000; loss of driving privileges for double the original suspension period or additional 1-year revocation; may result in seizure or forfeiture of vehicle.

15th or subsequent conviction — Class 2 felony with possible 3-7 years imprisonment; not eligible for probation or conditional discharge; fines of up to $25,000; loss of driving privileges for double the original suspension period or additional 1-year revocation; may result in seizure or forfeiture of vehicle.

Dram Shop
An employee or owner of an establishment may be held liable for a crash resulting from the unlawful selling, giving or delivery of alcohol in that establishment to a minor, intoxicated person or person known to be under legal disability or in need of mental treatment.
• Liability is limited to $50,467 for property damage or personal injury.
• Liability extends to $61,682 for a loss of means of support due to death or injury

Illegal Transportation/Open Container
Transporting, carrying, possessing or having any alcoholic beverages in the passenger compartment of a motor vehicle, except in the original container with the seal unbroken, is illegal. Exceptions to the law are limousines, motor homes, mini motor homes and chartered buses not hired for school purposes.
• Maximum $1,000 fine and point-assigned violation on driver's record.
• 1-year driver's license suspension or revocation for a second conviction within 12 months.
• Mandatory 1-year license suspension for an offender under age 21 for a first offense, and mandatory license revocation for a second offense.

Fraudulent IDs and Driver's Licenses
It is illegal to assist in obtaining or to fraudulently obtain, distribute, use or possess a fictitious or fraudulent state ID card or driver's license.The Secretary of State has the authority to suspend (up to 12 months) or revoke driving privileges prior to a conviction for anyone involved in the following offenses:

Class A misdemeanors (subsequent offenses are Class 4 felonies)
• Possessing, attempting to obtain or assisting another in obtaining a fictitious driver's license or permit.
• Allowing another person to use your license or permit.
• Displaying or representing as one's own any license or permit issued to someone else.
• Allowing any unlawful use of one's license or permit.

Class 4 felonies (subsequent offenses may be Class 3 felonies)
• Possessing, attempting to obtain or assisting another in obtaining a fraudulent license or permit.
• Issuing or assisting in the issuance of a fictitious driver's license.
• Manufacturing, possessing or providing any document for the purpose of obtaining a fictitious license.
• Possessing a driver's license-making or permit-making implement.

Judicial Hearings, Illinois

A driver may request a judicial hearing to challenge a summary suspension within 90 days after the notice date. The hearing must be conducted within 30 days of the request or on the first court date scheduled to consider the criminal charges.

Legally, only four issues may be considered:
• Whether the person was properly arrested;
• Whether there were reasonable grounds to believe at the time of arrest that the person was driving or in physical control of the vehicle while under the influence of alcohol or other drugs;
• Whether the driver, after being informed of the impending summary suspension, refused to submit to chemical testing; and
• Whether, after being advised of the summary suspension, the driver submitted to chemical testing that showed a BAC of .08 or greater or any trace of cannabis, a controlled substance and/or intoxicating compounds.

The summary suspension is rescinded if the court rules in favor of the driver. The result of the hearing is entered on the driver's record.

Driving Permits, Illinois

Drivers who have had their licenses suspended or revoked may be granted limited driving privileges. These temporary driving permits are only issued for employment, education and/or medical purposes when no other form of transportation is available. Some offenders may be required to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in their vehicles as a condition for the issuance of a permit.

Judicial Driving Permit (JDP), Illinois
• Drivers under age 18 are not eligible for a JDP.
• First-time DUI offenders may request a JDP from the court to allow limited driving during a Statutory Summary Suspension. (A first-time offender is a driver who has not received a previous summary suspension, been convicted of DUI or assigned court supervision for DUI in this state, or who has not been convicted of DUI in another state within five years.)

Before the court can approve a permit, the offender must prove a hardship exists and provide proof of a current professional alcohol and drug evaluation.
• The JDP does not become effective until the 31st day of suspension.
• A commercial driver’s license (CDL) holder does not qualify for a JDP to operate a commercial motor vehicle. The driver may be eligible for a JDP for base driving privileges if the driver is a first offender.

Restricted Driving Permit (RDP), Illinois

Full driving privileges are lost for a minimum of five years if a driver receives a second conviction for any of the following: DUI; leaving the scene of a personal injury or fatal crash; reckless homicide, or any combination of these offenses in a 20-year period. If a driver receives a third conviction for any of these offenses, regardless of the length of time between convictions, full driving privileges will be lost for a minimum 10 years. If a driver receives a fourth or subsequent conviction, his/her license will be revoked permanently. If a driver is convicted of DUI in another state, Illinois driving privileges will be revoked.

If eligible, those convicted of DUI may apply to the Secretary of State's office for an RDP.
• A multiple offender whose BAC test results are .08 percent or greater or whose chemical test indicates any amount of a controlled substance, is not eligible for an RDP during the summary suspension period.
• A multiple offender who refuses to submit to or fails to complete chemical testing is not eligible for an RDP during the summary suspension.
• A driver under age 16 whose driving privileges are revoked is not eligible for an RDP.
• To obtain an RDP, the offender must prove hardship exists, provide a current professional drug and alcohol evaluation and, when appropriate, provide proof of remedial education or treatment.
• An offender must appear before a hearing officer in the Secretary of State's Department of Administrative Hearings. The driving record is reviewed to ensure that the driver would not threaten public safety if allowed to drive on a limited basis.
• An individual with two or more alcohol related driving incidents on his/her driving record within 10 years is required to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in his or her vehicle for the duration of the RDP. As required by statute, the individual is responsible for the fee required for the BAIID during this period.
• An individual requesting a formal hearing for an RDP or reinstatement of his or her driving privileges will be charged a $50 nonrefundable filing fee when requesting the formal hearing.

Driver’s License Reinstatement, Illinois, Chicago

Statutory Summary Suspension, Illinois
Driving privileges may be reinstated at the end of the Statutory Summary Suspension period unless the court instructs the Secretary of State otherwise.

A person convicted of DUI who lost his/her driving privileges because of a summary suspension will have that time credited to the minimum driver's license revocation period.

Before driving privileges can be reinstated:
• Other suspensions or revocations on the driving record must be cleared.
• A $250 reinstatement fee must be paid to the Secretary of State, $30 of which goes to the Department of Human Services, Office of Alcoholism and Substance Abuse, to help defray the cost of professional alcohol and drug evaluations for indigent offenders.
• In the case of repeat offenders, the reinstatement fee is $500, with $60 going to the Illinois Road Fund, $190 going to the Drunk and Drugged Driving Prevention Fund, and $250 going to the General Revenue Fund.
• The reinstatement of a Statutory Summary Suspension becomes valid when it is entered on the driver's record in the Secretary of State's office provided the provisional termination date has passed.
• Payment for the reinstatement fee may be mailed to: Secretary of State, DUI Section, 2701 S. Dirksen Pkwy., Springfield, IL 62723. If paying by credit card, please call 217-782-3619 (debit cards not accepted).

Revocation

To have driving privileges reinstated in Illinois, a driver convicted of DUI must:
• Have a clear driving record other than the revocation sanction.
• Undergo an alcohol and drug evaluation. If an alcohol or drug problem is indicated, proof of treatment must be submitted.
• Complete an alcohol and drug remedial education program. Even if the evaluation does not recommend treatment, the driver is still required to complete a remedial education program.
• Appear before a Secretary of State hearing officer. For a first offense, aninformal hearing may be conducted by visiting a hearing officer at one of the regional Driver Services facilities. Multiple offenders must request in writing, pay a $50 non-refundable filing fee and attend a formal hearing in Chicago, Springfield, Mt. Vernon or Joliet.
• Demonstrate during the hearing that public safety will not be endangered if driving privileges are restored. The hearing officer considers the seriousness of the offense, the offender's overall driving record and the driver's remedial efforts.
• File proof of financial responsibility prior to reinstatement, pay a $500 reinstatement
fee, pass the driver's license examination (written, vision and driving portions) and pay the appropriate application fee.
• Repeat offenders must pay an additional $500 in reinstatement fees.
• Payment for a revocation may be mailed to: Secretary of State, Traffic Violations Section, 2701 S. Dirksen Pkwy., Springfield, IL 62723. If paying by credit card, please call 217-785-8619 (debit cards not accepted).
• An individual requesting a formal hearing for reinstatement of his/her driving privileges must pay a $50 non-refundable filing fee when requesting the formal hearing.

A reinstatement in Illinois becomes valid when it is entered on the driver's record in the Secretary of State's office.

Secretary of State
Administrative Hearings Dept.
291 Howlett Bldg.
Springfield, IL 62756
217-782-7065
or
17 N. State St., #1200
Chicago, IL 60602
312-793-3862

RULES IN ILLINOIS TRAFFIC, DUI, CRIMINAL CASES CIRCUIT COURT OF COOK COUNTY

PROCEDURES IN ILLINOIS TRAFFIC CASES, QUASI-CRIMINAL CASES AND CERTAIN MISDEMEANORS

11.2 Alcohol and Drug Evaluations in Driving Under the Influence cases (DUI) and Other Serious Traffic Offenses

(a) An alcohol and drug evaluation and recidivist background check shall be made available to the court prior to disposition in the following:

(i) All driving under the influence of alcohol or drug cases.

(ii) Any charge of reckless driving that is a reduced charge of a DUI.

(b) All evaluations shall be filed with the Clerk of the Court. The Clerk shall keep and maintain evaluations separate from general access files and shall release the evaluation as prescribed by law or upon appropriate order of court. The Clerk shall return all evaluations to the evaluation program upon completion of sentence.

[Amended, effective March 26, 1992.]

11.3 Driving While Under the Influence Cases (DUI)

(a) Supervision - Prior to considering a disposition of supervision for a defendant who has been charged with the offense of driving while under the influence of alcohol, other drugs, or a combination thereof, in violation of Section 11-501, of the Illinois Vehicle Code, (Ill. Rev. Stat., 1991, ch. 95 1/2, par. 11-501) [625 ILCS 5/11-501] or a similar provision of a local ordinance, the court shall first review and have made of record each of the following:

(i) The facts and circumstances of the violation with specific attention to the level of alcohol concentration in the defendant's blood and to whether personal injury or property damage occurred in conjunction with the violation.

(ii) The written alcohol/drug evaluation of the defendant prepared by the Central States Institute of Addiction, with specific attention to the determination of the risk to public safety that the defendant presents if he/she continues to drive a motor vehicle. Risk means the specific level (minimal, moderate, significant, or high) assigned to a DUI defendant which describes the defendant's probability of continuing to operate a motor vehicle in an unsafe manner. This level assignment is based upon the following factors: The nature and extent of the defendant's alcohol and/or drug use; the BAC level at the time of arrest; prior dispositions for DUI; and other factors which may include any physical, emotional and/or social dysfunction arising from the use of alcohol and/or other drugs.

(iii) Any alcohol or drug related driving offenses contained in the defendant's driving abstract, as recorded by the Secretary of State's Office, for the preceding five years.

(iv) A DUI recidivist check (a record of any prior order(s) of supervision entered by the Circuit Court of Cook County, and a statement whether the defendant has participated in an alcohol/drug intervention program for a DUI offense) shall be conducted by the Central States Institute of Addiction as part of its evaluation process.

(v) Whether, in connection with the circumstances of the violation, the driving privileges of the defendant have been suspended as a result of a refusal to submit to a chemical test.

(vi) Evidence of all other elements required by law.

(vii) When the defendant requests the sentence of supervision, he/she shall establish:

1. That an order of supervision is in the best interests of the public.

2. That an order of supervision is in the best interests of the defendant and his/her family; and,

3. That there are other matters in mitigation for consideration.

(viii) Any other factors deemed relevant by the court or brought to the attention of the court by either the defendant, the prosecutor or the victim.

(b) Evaluation Program - The Central States Institute of Addiction (C.S.I.), hereinafter referred to as "the evaluation program," shall perform all alcohol/drug evaluations for the court pursuant to the statutory requirements of Section 6-206.1 or Section 11-501, of the Illinois Vehicle Code, (Ill. Rev. Stat., 1991, ch. 95 1/2, par. 6-206.1 and 11-501) [625 ILCS 5/6-206.1, 625 ILCS 5/11-501], similar provisions of a local ordinance or by court order for other misdemeanors wherein the nature of the charge, the conduct of the defendant, or a factor to be considered in sentencing is alcohol/drug related.

(c) Evaluation Program Requirements - The Evaluation Agency shall comply with the following requisites:

(i) The evaluation program shall demonstrate competency in the substance abuse field.

(ii) A representative of the evaluation program shall be present and available to testify on all scheduled court dates.

(iii) The evaluation program shall, on a regular basis, monitor each Level I - Minimal Risk defendant, while that person is assigned to an intervention program and until the termination of the sentence. Required reports shall be made to the court's designated monitoring agency as to the defendant's progress.

(iv) The evaluation program shall charge a fair and reasonable fee. The evaluation program shall have a written policy, acceptable to the court, concerning the acceptance of and the servicing of indigent defendants. The criteria used in the determination of indigency shall be as prescribed by the Department of Alcoholism and Substance Abuse Regulations (D.A.S.A.).

(v) The evaluation program shall establish a network of D.A.S.A. funded agencies for the purpose of providing intervention services, which include inpatient or outpatient treatment and aftercare services to indigent defendants.

(vi) The evaluation program shall provide reports, for both fee paying and indigent clients, within statutory guidelines and on scheduled court dates.

(vii) Reports by the evaluation program shall contain a statement concerning the defendant's recidivism, which shall include a record of any prior orders of supervision not contained in the Secretary of State's driving abstract and a statement whether the defendant has participated in an alcohol/drug intervention program for a prior DUI offense.

(viii) The evaluation program shall not refer or accept a DUI defendant, classified as Risk Level I, into a remedial education program provided within the same program or service. The evaluation program shall not refer or accept a DUI defendant, classified as Risk Level II or III, into a treatment program provided within the same program or service.

(ix) The evaluation program shall have referral agreements with service agencies that provide comprehensive treatment services and adhere to the, to Illinois Department of Alcoholism and Substance Abuse Regulations, and have established procedures that protect the confidentiality of program participants and their records.

(x) The evaluation program shall refer defendants classified as Level I - Minimal Risk, to a remedial education program that maintains that population separate from defendants classified as Level II - Moderate or Significant Risk, or Level III - High Risk. Risk means the specific level (minimal, moderate, significant or high) assigned to a DUI defendant which describes the defendant's probability of continuing to operate a motor vehicle in an unsafe manner. This level assignment is based upon the following factors: The nature and extent of the defendant's alcohol and/or drug use; the BAC level at the time of arrest; prior dispositions for DUI and other factors which include any physical, emotional, and/or social dysfunction arising from the use of alcohol or other drugs.

(xi) C.S.I. shall continue as sole provider of alcohol/drug evaluations for the court as long as it remains a not-for-profit organization and conforms with all requirements contained herein, retains all necessary licenses required by state statute or regulations, and is in compliance with any agreement executed with the Circuit Court of Cook County.

(xii) The evaluation program shall file a statement of compliance with this Rule. This statement must express the program's intention to comply with all of the provisions of Rule 11.3. The statement shall be filed in the Office of the Chief Judge, Circuit Court of Cook County, Richard J. Daley Center, Chicago, Illinois 60602. Failure to file a statement of compliance will result in the non-acceptance of the evaluator's reports for any Circuit Court of Cook County purpose.

(d) Remedial Service Providers - Any licensed program providing a driver remedial education course of study for a defendant charged with the offense of driving while under the influence of alcohol, other drugs, or a combination thereof, in violation of Section 11-501, of the Illinois Vehicle Code, (Ill. Rev. Stat.,1991, ch.95 1/2, par. 11-501) [625 ILCS 5/11-501] or a similar provision of a local ordinance, shall comply with the following:

(i) The remedial education course shall be conducted as prescribed by the Department of Alcoholism and Substance Abuse Regulations.

(ii) The remedial education program shall charge a fair and reasonable fee.

(iii) The remedial education program shall have a written policy, acceptable to the court, concerning the acceptance and servicing of indigent defendants. The criteria used in the determination of indigency shall be as prescribed by the Department of Alcoholism and Substance Abuse Regulations.

(iv) The remedial education program shall maintain classes for defendants classified as Level I - Minimal Risk, separate from defendants classified as Level II - Moderate or Significant Risk, or Level III - High Risk.

(v) The remedial education program shall encourage family members to attend classes with the clients at no additional cost.

(vi) The remedial education program shall report to the court or to the court designated monitoring agency as to the client's progress. Written progress reports, as required by the court, shall be made in a timely manner for both fee paying and indigent defendants.

(vii) The remedial education program shall notify the appropriate prosecuting authority and the designated monitoring agency of a defendant/client's failure to attend and/or complete court ordered remedial education classes. The program shall communicate this information, in writing, to the court within thirty (30) days after said noncompliance.

(viii) The remedial education program that services DUI defendants in the Circuit Court of Cook County must file a statement of compliance with this Rule. This statement must express the program or agency's intention to comply with all of the provisions of Rule 11.3. The statement shall be filed in the Office of the Chief Judge, Circuit Court of Cook County, Richard J. Daley Center, Chicago, Illinois 60602. Failure to file a statement of compliance will result in the non-acceptance of the driver remedial education program report for any Circuit Court of Cook County purpose.

[Amended, effective March 26, 1992.]

11.4 Community Service

(a) All defendants sentenced to community service shall be processed as follows:

(i) The defendant shall be directed to contact the Social Service Department. The Social Service Department will direct the defendant to the appropriate community service program pursuant to the court order. All defendants who are subject by statute to mandatory community service sentences shall be directed to the Sheriff's Community Service Program.

(ii) If a defendant is evaluated as inappropriate for either community service program, the Social Service Department will immediately notify the prosecuting authority. The case will be recalled for reconsideration of the sentence.

(iii) A progress report shall be made to the court regarding the defendant's placement and progress in the community service program as required by the court.

(iv) On the termination date of sentence, the defendant shall appear in court with evidence of the successful completion of all aspects of the court's order.

(b) The defendant shall pay the reasonable costs associated with community service activities ordered by the court whether the agency providing the community service activity is the Sheriff of Cook County or the Social Service Department of the Circuit Court of Cook County. Each community service agency shall establish a schedule of fees and shall uniformly assess fees based upon the defendant's ability to pay.

(c) Defendants who have not satisfactorily completed community service may be resentenced to community service at the discretion of the court and with such modifications as the court deems appropriate.

[Amended, effective March 26, 1992.]


11.5 Termination of Supervision

(a) Whenever a defendant is charged with a crime that has the potential of a jail sentence, he shall be required to return to court on the date set for the termination of supervision.

(b) The court, on the record, shall inquire of the prosecuting authority whether or not there is any objection to the termination.

[Amended, effective March 26, 1992.]

11.6 Monitoring

(a) In all cases where a defendant is placed on Supervision or Conditional Discharge for an alcohol/drug-related misdemeanor driving offense, the Sentencing Order shall indicate that the defendant is to be monitored on a reporting basis by the Social Service Department or their designee. The defendant placed on Supervision or Conditional Discharge shall pay all reasonable costs assessed by the monitoring agency for such monitoring, in addition to fines, costs, surcharges and/or restitution as ordered by the sentencing court.

(b) The monitoring agency shall provide written reports to the sentencing court pursuant to the sentencing order. A final report shall be filed with the court on the scheduled date for termination.

(c) The monitoring agency shall promptly report in writing to the prosecuting authority any violation of the sentencing order or the requirements of the monitoring agency. All violations shall be reported as soon as discovered or no later than thirty (30) days prior to the date of termination of sentence. Nothing herein shall prevent the filing of a violation at any time prior to the termination of the sentence. Upon filing of a Petition for Violation, said petition shall be set for hearing within the period prescribed by law.

[Amended, effective March 26, 1992.]

DUI Defense Illinois Legal challenges to evidence

1. ILLEGAL STOP OF PERSON OR VEHICLE – a driver cannot be stopped unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been violated. Similarly, a person cannot be seized unless a violation has occurred.

2. WEAVING INSIDE THE LANES IS NOT ILLEGAL – weaving without crossing any lines is not a violation of the law, and a vehicle cannot be stopped for that reason.

3. ANONYMOUS REPORT OF DRUNK DRIVING -- a car cannot be stopped simply because an anonymous citizen reported that the driver was drunk.

4. STANDARD FIELD SOBRIETY TESTING IS INACCURATE – in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests.

5. NON-STANDARDIZED FIELD TESTS ARE INVALID – neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.

6. BREATH TESTING IS INACCURATE – virtually all experts concede that one breath test alone is unreliable. The Illinois Supreme Court has remarked that breathalyzers are not foolproof. Finally, breath testing in Illinois is subject to various inaccuracies, including a +/- 12.5% variance, non-specificity for ethanol, etc.

7. BOOKING ROOM VIDEOS – Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary.

8. IN-SQUAD VIDEOS – more and more often, the suspect’s driving and performance on field tests is being recorded; often contradicting police testimony.

9. FAILURE TO PROVIDE SPEEDY TRIAL – If a client is not provided with a trial within 120 to 160 days of demand, through delays of the court or prosecutor, the charges must be dismissed.

10. POLICE BLOOD TEST INACCURATE – Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations.

11. HOSPITAL BLOOD TEST INACCURATE – Hospital blood tests overestimate a person’s true level by as much as 25% in healthy, uninjured individuals, and are not statistically reliable in severely injured persons.

12. BREATH TEST OPERATOR UNLICENSED – An Illinois Breath Test Operator must possess a valid, unexpired operator’s license, or the breath test result is inadmissible.

13. BREATHALYZER MACHINE MALFUNCTIONS – if there is a malfunction or repair of the breath test instrument within 62 days before or after a suspect’s breath test, the results of the suspect’s test are presumed invalid.

14. BREATH TEST OPERATOR LICENSE EXPIRED -- An Illinois Breath Test Operator must possess an unexpired operator’s license, or the breath test result is inadmissible. Licenses expire automatically every 3 years.

15. BREATH TEST DEVICE NOT APPROVED – A breath testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved list of Devices, or the results are inadmissible.


16. FAILURE TO PROVE DRIVING – a defendant’s admission to driving, without more, does not prove a charge of driving under the influence.

17. INDEPENDENT WITNESSES – often times, independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendant’s sobriety.

18. FAILURE TO MIRANDIZE – prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings.

19. FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED – according to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication.

20. OFFICER’S PRIOR DISCIPLINARY RECORD – a police officer’s previous disciplinary record can be used to attack the officer’s credibility.

21. PORTABLE BREATH TEST INADMISSIBLE – Illinois law prohibits the use of portable breath testing results as evidence at trial in a DUI case.

22. PORTABLE BREATH TEST IMPROPERLY ADMINISTERED – The manufacturers of portable breath testing devices require a minimum of two tests to consider the results evidential in nature.

23. FAILURE TO CONDUCT OBSERVATION PERIOD – Illinois requires that a driver be observed continuously for a minimum twenty minutes prior to a breath test in order for the results to be considered admissible and valid.

24. EXPERT WITNESSES – Expert witnesses are available to review the validity of breath tests, blood tests and field sobriety tests.

25. MEDICAL AND HEALTH PROBLEMS -- Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results.

26. BAD WEATHER – Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance.

27. LACK OF PROBABLE CAUSE TO ARREST -- A police officer must have specific and articulable facts to support any arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial.

28. ILLEGAL SEARCH – the police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driver’s consent or probable cause. Any evidence illegally obtained is not admissible in court.

29. PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS – any statement made by a police officer, verbally, in police reports, or at previous court proceedings may be used to attack that officer’s credibility.

30. POST-DRIVING ABSORPTION OF ALCOHOL – the prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile.

31. INTERFERING SUBSTANCES – many items contain forms of alcohol which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid.

32. BREATH MACHINE NOT PROPERLY OPERATED – the manufacturers of breath testing devices have specified protocols which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings.

33. FAILURES TO PRODUCE DISPATCH TAPES – most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request can cause all evidence which could have been recorded to be suppressed.

34. MISLEADING STATEMENTS BY POLICE OFFICERS – Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the driver’s record.

35. STATUTES OF LIMITATIONS – A misdemeanor charge of DUI must be filed within 18 months of the date of offense, or the charges will be dismissed outright.

36. PRIVATE PROPERTY – a person who has not driven the car on a public highway cannot be suspended for drunk driving.

37. FAILURE TO DISCLOSE EXPERTS – the failure of the prosecutor to disclose the state’s expert(s) will cause those witnesses to be barred from testifying against the defendant.

38. LACTATE RINGERS – when hospital staff use lactate ringers during the treatment of a patient, the hospital blood serum results will report falsely elevated, and therefore invalid, readings.

39. FAILURE TO RECORD CERTIFICATION TESTS – the failure to include the value of the simulator solution used to test breath machines will cause the breath test results to be inadmissible in court against the driver.

40. FORCED BLOOD DRAWS – the police may not take a blood test against the driver’s consent where there has not been an injury involved, or the result is inadmissible.