Publications

Articles on Driver's License

Permanent cards no longer issued at Secretary of State driver facilities

December
2016
Illinois Law Update
Page 16
The Secretary of State ("SOS") adopted amendments to the Issuance of Licenses eliminating issuance of permanent driver's licenses and state identification cards at SOS driver facilities.

Driver’s licenses may be suspended or revoked for illegal possession of medical cannabis

February
2016
Illinois Law Update
Page 18
The Secretary added "illegal possession of medical cannabis in a motor vehicle" to the list of offenses for which a license may be suspended or revoked in the section titled "Cancellation, Revocation or Suspension of Licenses or Permits."

Suspension of driver’s license after refusal to submit to chemical testing two days after traffic accident held unconstitutional

December
2015
Illinois Law Update
Page 18
On September 24, 2015, the Supreme Court of Illinois held that section 11-501.6 of the Illinois Vehicle Code ("IVC") was unconstitutional as applied.

Increased penalties and additional crimes that result in revocation of licenses

October
2015
Illinois Law Update
Page 18
The new rulemaking alters the section "Cancelation, Revocation, or Suspension of Licenses or Permits" to implement provisions of several Public Acts. 92 Ill. Adm. Code 1040 (eff. June 23, 2015).

Modified licensing procedures

September
2015
Illinois Law Update
Page 18

BAIID-only restrictions to be included on driver’s licenses

April
2015
Illinois Law Update
Page 16
The Secretary of State has adopted new rules that allow it to place a restriction on the driver's license of a person required to operate vehicles equipped with a Breath Alcohol Ignition Interlock Device ("BAIID")

Driver’s education course required for first-time license applicants

August
2014
Illinois Law Update
Page 372
Effective July 1, 2014, adults eighteen to twenty years old who have never previously obtained a driver's license and who have not completed an approved driver's education course must now take a six hour driver's education course. 92 Ill. Adm. Code 1030.

Fewer requirements for veterans’ commercial driver’s licenses

July
2014
Illinois Law Update
Page 320
In applying for a commercial driver's license ("CDL"), military personnel must obtain school bus and passenger endorsements, but they may not be required to complete the pre-trip inspection, vehicle and road driving skills test, and road test. 92 Ill. Adm. Code 1030 (eff. March 28, 2014).

Bill would allow restricted driving permits after four DUI convictions

By Janan Hanna
March
2014
LawPulse
Page 114
The proposed permit would allow four-time offenders to drive under limited circumstances after their vehicles are equipped with breathalyzer ignition devices.

The last word on People v Elliott is ‘rescind’

By Janan Hanna
March
2014
LawPulse
Page 114
A man's conviction for driving on a suspended license stands even though the underlying suspension is rescinded, the Illinois Supreme Court rules, after thoroughly analyzing the meaning of "rescind."

New rules affecting commercial driver training schools

February
2014
Illinois Law Update
Page 68
The Secretary of State adopted several amendments affecting Commercial Driver Training Schools and applicants for Commercial Driver Licenses (CDL). 91 Ill. Adm. Code 1060 (eff. Nov. 5, 2013).

Personal injuries caused while driving with a suspended license now a class 4 felony

January
2014
Illinois Law Update
Page 16
A second or subsequent violation of driving with a suspended or revoked license or permit will now be considered a Class 4 felony if it proximately causes a motor vehicle accident which leads to death or personal injury to another.

The Illinois Secretary of State may issue driver’s licenses to undocumented immigrants. PA 097-1157

May
2013
Illinois Law Update
Page 228
Illinois lawmakers have amended the Illinois Vehicle Code to allow the Secretary of State to issue temporary driver's licenses to persons without documentation authorizing their presence in the United States. 625 ILCS 5/6-105.1.

Rescission of license suspension applies retroactively

January
2013
Illinois Law Update
Page 16
On 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.

All driver’s license applicants must provide social security numbers. PA 097-0263

October
2011
Illinois Law Update
Page 496
The Illinois Vehicle Code has been amended to remove the social security number exemption for all driver's license applicants. (625 ILCS 5/6-106, 6-110, and 6-510).

Illinois Identification Cards may be issued without photographs for religious reasons. PA 097-0371

October
2011
Illinois Law Update
Page 496
Illinois lawmakers have amended the Illinois Identification Card Act to authorize the Secretary of State to issue Illinois Identification Cards or Illinois Disabled Person Identification Cards without photographs under certain circumstances. (15 ILCS 335/4, 335/5).

The Monitored Device Driving Permit: What Practitioners Need to Know

By Larry A. Davis
October
2011
Article
Page 506
Illinois 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.

DUI Will Travel: When Drunk Driving Crosses State Lines

By Theodore J. Harvatin
August
2011
Article
Page 406
What happens when an Illinoisan receives a DUI in another state or an out-of-stater is charged in Illinois? Here are the basics.

Drivers can avoid license suspension for traffic violations by beginning payment plans. PA 096-1184

June
2011
Illinois Law Update
Page 286
Illinois lawmakers have amended the Illinois Vehicle Code to authorize the Secretary of State to reinstate the driver's license of a person whose license was suspended for failure to pay traffic-related fines or penalties if the person enters into a payment plan with a municipality.

Safe driver renewal program rules codified

January
2011
Illinois Law Update
Page 16
The 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 adjudication

December
2010
Illinois Law Update
Page 616
On 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 Database

October
2009
Illinois Law Update
Page 496
The 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.

Alterations made to the laws governing Commercial Driver Training Schools

February
2008
Illinois Law Update
Page 72
The Secretary of State made several amendments to Title 92, Transportation: Commercial Driver Training Schools. 92 Ill Adm Code 1060.

2007 Spring Session Roundup

By Jim Covington
August
2007
Column
Page 408
Highlights of this year's legislative session.

Changes made to rules governing issuance of CDLs

August
2007
Illinois Law Update
Page 404
The 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 suspensions

July
2007
Illinois Law Update
Page 348
The 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.

Gas thieves to have driving privileges suspended

June
2007
Illinois Law Update
Page 292
The Illinois Secretary of State has inserted a new section into 92 Ill Adm Code 1040.

Challenging Summary Suspension When A Defendant’s License is Suspended, Revoked, or Expired

By Hon. Charles P. Burns and Jeff Chan
May
2007
Article
Page 262
Do these defendants have standing to challenge a summary suspension?

Hearing to rescind a suspended driver’s license must occur within 30 days of filing

March
2007
Illinois Law Update
Page 124
On 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.

Correspondence from Our Readers

November
2006
Column
Page 574
Beyond "deed and green";CDL/DUI update.

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