The Hearing Process
The state of Illinois has very strict and specific driver’s license reinstatement procedures. The Illinois Secretary of State revokes the driving privileges of anyone who is convicted of driving under the influence of alcohol (DUI, DWI or drunk driving). If you have a revoked license, you can apply for driving relief (restricted driving permit or full reinstatement) through the Secretary of State Department of Administrative Hearings. The rules of the Secretary of State require that you submit certain documentation at the time of your hearing, which may include: a drug and alcohol evaluation, driver risk education, appropriate treatment documents, documentation of abstinence and documentation of a support group. The requirements for individual Petitioners vary based upon the classification level contained in the drug and alcohol evaluation
During the course of the administrative hearing, the Secretary of State tries to determine whether or not you would be an appropriate candidate for driving relief. The Secretary of State is concerned with whether or not you will be a safe and responsible driver and whether you pose a threat to the public safety and welfare. Participants at a hearing include the hearing officer, who is appointed by the Secretary of State, the attorney for the Secretary of State, the Petitioner, and, if the Petitioner chooses, the Petitioner’s attorney. Areas of questioning at the hearing may include: establishment of a hardship, details surrounding DUI arrests, past and present alcohol and drug use histories, understanding of classification level, symptoms of alcohol abuse and dependency, insight into treatment, appropriateness of support group and lifestyle changes.
I Can Help
Attorney Israel Slone is a former Secretary of State Hearing Officer, Attorney for the Secretary of State and Secretary of State legal advisor. Israel can review your documentation, advise you as to the kind of questions you should prepare for in advance, and advise you of the tricks and traps the Secretary of State will use.
The Secretary of State is likely to regard you as a serious candidate for reinstatement when you are represented by an experienced driver’s license reinstatement lawyer with whom they are familiar. The likelihood that you will cause long-term damage to your case is greatly reduced if you have an experienced attorney from the beginning. Many Petitioner’s who do not use an experienced attorney at their initial hearing dig themselves a hole that is hard to get out of, making subsequent hearings much more difficult.
Prior to retaining Israel’s services, you will know all of the costs of being represented at the hearings. The fees for representation at all hearings are discussed and set in advance of such hearings. Representation is available on an individual hearing basis or through a fee that covers the entire reinstatement process. Fees vary accordingly, and payment plans are available.
Restricted Driving Permit
If you have had your driving privileges revoked, you may be eligible for a restricted driving permit (RDP) immediately! If you are not yet eligible for full reinstatement you can receive an RDP by showing at a hearing that no alternative means of transportation are available and that you will not endanger the public safety or welfare. Hearings for an RDP are conducted in the same manner as a hearing for full reinstatement except that in order to be granted an RDP, an undue hardship must be proven. Mere inconvenience is not sufficient. RDPs are available for the following limited purposes: employment, education, medical and support group (AA). RDPs to take family members to educational and medical facilities are also available.
An RDP is not available if you are serving a statutory summary suspension. If you have received a second or third conviction for DUI, you must wait one year before applying for an RDP.
Israel Slone has helped several clients save their jobs by getting them an RDP in the quickest possible time frame.
Out of State Petitioners
If you are a resident of a state other than Illinois and have experienced a DUI arrest in Illinois, you may need to apply to the Illinois Secretary of State for driving relief due to an Illinois revocation. It is important that you move quickly and sufficiently to remove the hold that Illinois has on your driver’s license so that you may be licensed in your state of residence.
If you live more than 30 miles of the Illinois border, you can obtain an “out of state packet” to attempt to obtain reinstatement of your driving privileges. It is, however, often advantageous if you appear at a Secretary of State Administrative Hearing in person in an attempt to clear your driving privileges.
Illinois has very strict requirements regarding the paperwork that must be submitted in order to have your driving privileges cleared. If you have been evaluated by an out-of-state facility or have received treatment outside of the state of Illinois, your paperwork very likely does not meet the requirements of the state of Illinois.
States are sharing more and more information with each other these days, and many times an old DUI arrest that is believed to have been taken care of is coming back to cost a non-resident violator their driving privileges. Some of these individuals have been driving with a valid license in their home state for several years. Israel Slone has helped numerous out- of- state Petitioners remove the hold that Illinois has on their driver’s license. Israel will review your paperwork and make sure that it meets the requirements of the state of Illinois. If you need to obtain paperwork from a facility certified in Illinois, Israel has several competent evaluators and treatment providers to whom he can introduce you. He can also help you decide if you want to appear at a hearing in person or fill out an “out-of-state packet”, and he will help guide you through whichever venue you choose.
Formal Hearing
A formal hearing is required if you have two or more losses of driving privileges or have been convicted of an offense such as reckless homicide. Formal hearings are also required if you are contesting a suspension. Formal Hearings are held in four locations: Springfield, Chicago, Joliet and Mt Vernon. A formal hearing must be requested in writing and accompanied by a filing fee of fifty dollars. Notice of the date and time of a formal hearing will be sent to you approximately two weeks after the Secretary of State receives your request. A formal hearing is usually held approximately sixty days after the Secretary of State receives your request. If your request for driving privileges is denied, Petitioners are eligible for a subsequent hearing after ninety days.
Attorney Israel Slone has extensive experience with formal hearings and can check your driving record to determine if you are required to have a formal hearing.
Informal Hearing
If you have had only one loss of driving privileges, you are eligible for an informal hearing. Informal hearings are held at selected Driver Services Facilities. No appointment is necessary, no hearing fees are required, and hearings are held on a first come, first serve basis. Informal hearings may result in the issuance of a Restricted Driving Permit or full reinstatement of driving privileges if you only have one alcohol-related offense or sanctions related to lesser moving violations. The required documentation is the same as at a formal hearing, and the hearing officer will ask you a list of questions designed to determine if you are an appropriate candidate for driving relief. The hearing officer then submits all documentation to Springfield where a final decision is made. If your request for driving privileges is denied, Petitioners are eligible for a subsequent hearing after thirty days.
Attorney Israel Slone has extensive experience with informal hearings and can check your driving record to determine if you are eligible to have an informal hearing.