Rescission of license suspension applies retroactivelyJanuary 2013Illinois Law Update, Page 16On November 1, 2012, the fifth district appellate court held that the rescission of a statutory summary suspension voided a citation for driving on a suspended license that occurred after the suspension commenced but before the petition to rescind was granted.
The Monitored Device Driving Permit: What Practitioners Need to KnowBy Larry A. DavisOctober 2011Article, Page 506Illinois replaced the judicial driving permit with the monitored device driving permit ("MDDP"), which requires a large number of DUI offenders to use a breath interlock device. This article reviews the law and recent changes.
Safe driver renewal program rules codifiedJanuary 2011Illinois Law Update, Page 16The Secretary of State (Secretary) recently adopted a new section as part of the Issuance of Licenses regulations in the Illinois Administrative Code. The new section governs the issuance of renewal licenses to Illinois residents eligible for safe driver renewal.
The preclusive effect of summary suspension hearings in subsequent adjudicationDecember 2010Illinois Law Update, Page 616On September 23, 2010, the Supreme Court of Illinois held that the Circuit Court of Champaign County's finding of probable cause at the hearing on plaintiff's petition to rescind his statutory summary suspension, pursuant to 625 ILCS 5/2-118.1, did not bar the issue of probable cause from re-litigation in a civil suit for malicious prosecution.
Illinois Creates Emergency Contact DatabaseOctober 2009Illinois Law Update, Page 496The Office of the Secretary of State adopted a new section to rules governing the issuance of drivers’ licenses and permits in the state of Illinois.
Changes made to rules governing issuance of CDLsAugust 2007Illinois Law Update, Page 404The Secretary of State has promulgated new rules concerning the issuing of commercial driver's licenses (CDLs) by amending definitions and requirements in 92 Ill Adm Code 1040, titled "Cancellation, Revocation or Suspension of Licenses or Permits."
New rules aim to reduce chance of erroneous license suspensionsJuly 2007Illinois Law Update, Page 348The Department of Transportation has amended its rules to make the policies of the Secretary of State consistent with those of the Division of Insurance and to ensure that drivers' licenses are not erroneously suspended. 92 Ill Adm Code 1070.20.
Hearing to rescind a suspended driver’s license must occur within 30 days of filingMarch 2007Illinois Law Update, Page 124On December 21, 2006, the Illinois Supreme Court reversed the decisions of the Illinois Appellate Court, Second District, and the Circuit Court of Kane County, and held the 30-day time limit within which a circuit court must hold a hearing on a petition to rescind the statutory suspension of a driver's license begins when the petition is filed with the circuit court, not when the state is served with the petition.
Federal regulations adopted regarding driver service hoursJune 2006Illinois Law Update, Page 28492 Ill Adm Code 395 has been amended by the Illinois Department of Transportation, which has integrated the regulations that the Federal Motor Carrier Safety Administration began using via 70 FR 49978, as of August 25, 2005.
Issuance of licensesJanuary 2002Illinois Law Update, Page 14On September 24, 2001, the Illinois Office of the Secretary of State adopted an emergency amendment to section 1030 of the Illinois Administrative Code. 92 Ill Adm Code 1030.