Section 1001.430 General Provisions for Reinstatement of Driving Privileges after Revocation

Section 1001

Section 1001.430  General

Provisions for Reinstatement of Driving Privileges after Revocation

a)         Conviction is Dispositive.  In all cases, a conviction in a

court of law in Illinois or any other state is dispositive of the guilt of a

petitioner of the offense that caused the revocation.

b)         Cause Removed.  If revocation was for a cause that has been removed,

such as the reversal of a conviction upon which revocation was entered, the

petitioner must demonstrate that fact by clear and convincing evidence.

c)         Hardship

Not Required; Factors Considered.  A petitioner who is otherwise eligible for

reinstatement of driving privileges at the time of the hearing is not required

to prove an undue hardship as a condition of being, or in order to be,

reinstated.  The factors that will be considered by the Department in

determining the propriety of reinstating a petitioner whose driving privileges

have been revoked include but are not limited to: the petitioner's age; whether

the petitioner has driven while suspended or revoked; duration of present

employment; number of years licensed to drive; number, severity, and frequency

of accidents; frequency, type, and severity of traffic violations; efforts at

rehabilitation or reform of past driving practices; demeanor of petitioner in

the hearing; credibility of petitioner and witnesses in the hearing;

credibility of and weight given to the petitioner's documentary evidence;

petitioner's total driving record, including but not limited to reasons for

violations, prior permits issued (unless such permit was issued pursuant to the

order of circuit or appellate court following an administrative review action),

the length of time that the petitioner actually drove or has been driving on

permits, and driving record while on any permit;

record

of performance while driving with an interlock device;

driving history

in another state if licensed previously;

any arrest

or implied consent suspension for boating or snowmobiling under t

of circuit or appellate court following an administrative review action),

the length of time that the petitioner actually drove or has been driving on

permits, and driving record while on any permit;

record

of performance while driving with an interlock device;

driving history

in another state if licensed previously;

any arrest

or implied consent suspension for boating or snowmobiling under the influence;

petitioner's alcohol/drug-related criminal record, as defined in Section

1001.410; whether the petitioner was incarcerated and participated in any

rehabilitative activity during incarceration; whether the petitioner complied

with the terms and conditions of probation or parole

; and psychiatric

reports in which the evidence shows that petitioner is suffering or has

suffered from a psychiatric disorder that might affect the ability to operate a

motor vehicle in a safe and responsible manner.

The

fact that a petitioner was not cited or arrested for, or convicted of, any

traffic offense while driving on a probationary permit does not, in and of itself,

entitle the petitioner to reinstatement.

d)         Investigative Evaluation

1)         A petitioner will be required to complete and submit an

investigative alcohol drug evaluation as part of the Secretary's investigative

process, where the evidence, including the petitioner's driving record,

indicates that:

A)        the

current loss of driving privileges is not related to a DUI arrest/disposition

yet:

i)          the

petitioner's/respondent's driving record contains, or other evidence indicates

the existence of, a prior DUI disposition or any other conviction or loss of

driving privileges that was alcohol/drug related within the last 5 years (as of

the date of the hearing) for which the petitioner/respondent did not or was not

required to submit to the Secretary of State an alcohol/drug evaluation to

obtain driving privileges;

ii)         there is credible evidence that the petitioner

had any arrest or implied consent suspension for boat

onviction or loss of

driving privileges that was alcohol/drug related within the last 5 years (as of

the date of the hearing) for which the petitioner/respondent did not or was not

required to submit to the Secretary of State an alcohol/drug evaluation to

obtain driving privileges;

ii)         there is credible evidence that the petitioner

had any arrest or implied consent suspension for boating or snowmobiling under

the influence within the last 5 years (as of the date of the hearing);

iii)        the petitioner has an alcohol/drug-related

criminal conviction within the last 5 years (as of the date of the hearing), as

defined in Section 1001.410; or

iv)        the facts of the current loss of driving

privileges indicate the use or potential use of alcoholic beverages or other

drugs at a time when the offender was under the age of 21 years and within the

last 5 years (as of the date of the hearing)

; or

B)        the petitioner/respondent may be a user of alcohol or any other

drug to a degree that renders that person incapable of safely driving a motor

vehicle.  (See Section IVC 6-103.4.)

2)         The

petitioner will be required to complete any recommended rehabilitative activity

or provide a waiver.

Furthermore, if any

rehabilitative (i.e., a driver risk education course, intervention, or

treatment for

alcohol/drug abuse

)

activity is recommended, then

the petitioner

must submit an update evaluation, as provided in this Subpart D, until the

petitioner's driving privileges are reinstated.  An update evaluation is required

even if the waiver is based upon the fact that the petitioner completed

treatment prior to the date that the investigative evaluation was conducted.

3)         The

requirements of this subsection (d) also apply to an investigative evaluation

that is submitted by a petitioner voluntarily

this Subpart D, until the

petitioner's driving privileges are reinstated.  An update evaluation is required

even if the waiver is based upon the fact that the petitioner completed

treatment prior to the date that the investigative evaluation was conducted.

3)         The

requirements of this subsection (d) also apply to an investigative evaluation

that is submitted by a petitioner voluntarily.

4)         The

Department reserves the discretion to waive the requirement of the

investigative evaluation if the current criminal offense is a misdemeanor and

there is no other evidence of a current alcohol or drug problem.

e)         Examination.  A petitioner will be required to submit to a

driver's license examination prior to the reinstatement of driving privileges

if the test has not been successfully completed in the preceding 24 months.

f)         Public Safety and Welfare.  In case of either subsection (b)

or (c), the public welfare and safety must not be endangered by the

reinstatement of the petitioner's driving privileges.  The petitioner, if

restored to full driving privileges, must operate a motor vehicle safely so as

not to be a danger to the petitioner or other drivers on the road.  The mere

passage of time since the date of revocation is not sufficient evidence.

g)         Eligibility; New Residents of Illinois.  A hearing for

reinstatement will not be conducted at any time before the prescribed date of

eligibility.

The Secretary of State will not issue a

driver's license to a new resident of Illinois while driving privileges are

revoked in another jurisdiction, pursuant to IVC Section 6‑103.1, unless

petitioner meets the requirements set forth in Section 1001.420(1), pursuant to

IVC Section 6-103.1.

h)         Ticket

Pending

t will not be conducted at any time before the prescribed date of

eligibility.

The Secretary of State will not issue a

driver's license to a new resident of Illinois while driving privileges are

revoked in another jurisdiction, pursuant to IVC Section 6‑103.1, unless

petitioner meets the requirements set forth in Section 1001.420(1), pursuant to

IVC Section 6-103.1.

h)         Ticket

Pending.  The driving privileges of a petitioner shall not be reinstated while

any moving offense is pending against a petitioner in any court of this or any

other state unless the pending citation or citations are also the only cause of

the current loss of driving privileges.

i)          75% Rule.  A petitioner who was issued a probationary permit

or any RDP, who otherwise becomes eligible for full reinstatement, will not be

considered for reinstatement of driving privileges, unless the petitioner has

successfully completed driving on the initial permit for 75% of its length.  Probationary

permits will be issued for any lawful purpose 12 hours per day, 6 days per

week, within a 200-mile radius for up to one year in length. However, a

petitioner may appeal to the Director of the Department for a waiver of this

provision when exigent circumstances warrant consideration of a waiver.  An

exigent circumstance is one that would prevent the petitioner from ever being

able to meet this requirement, such as moving out of the State.

j)          Decision.  The Director or a designee shall make the final

decision, on each petition, on behalf of the Secretary.  If relief was sought

at a formal hearing, petitioners will receive a copy of the hearing officer's

Findings of Fact, Conclusions of Law, and Recommendations, and the Secretary's

Order.

k)         Out-of-state Petitioners – Never Resided in Illinois

g out of the State.

j)          Decision.  The Director or a designee shall make the final

decision, on each petition, on behalf of the Secretary.  If relief was sought

at a formal hearing, petitioners will receive a copy of the hearing officer's

Findings of Fact, Conclusions of Law, and Recommendations, and the Secretary's

Order.

k)         Out-of-state Petitioners – Never Resided in Illinois.

Notwithstanding any other provisions of this Subpart, the following provisions

for reinstatement of the Illinois driving privileges for certain out-of-state

petitioners shall apply:

1)         Out-of-state petitioners whose driving privileges are revoked

in Illinois shall be granted reinstatement of Illinois driving privileges upon

a showing that:

A)        the petitioner is not currently a resident of the State of

Illinois by producing a government-issued Driver's License or Identification

Card from another state;

B)        at the time of arrest or arrests in Illinois for the violations

that led to the revocation of the Illinois driving privileges, the petitioner

was not licensed to drive in Illinois, was a resident of a state or

jurisdiction other than Illinois, and continues to reside in that or any other

state or jurisdiction;

C)        the petitioner is not currently seeking to reside in or be

licensed to drive in the State of Illinois;

D)        the state of residence and/or licensure of the petitioner at

the time of the Illinois arrests did not take action, or took action against

the driving privileges of the petitioner based upon the Illinois arrest and the

action has terminated;

E)        but

for the revocation in Illinois, the petitioner is not prohibited from obtaining

driving privileges in any state or jurisdiction other than Illinois.  The

Secretary reserves the discretion to check the status of the petitioner's

driving privileges in other states, as reported by the PDPS; and

F)         the petitioner has paid all necessary fees due the State of

Illinois

minated;

E)        but

for the revocation in Illinois, the petitioner is not prohibited from obtaining

driving privileges in any state or jurisdiction other than Illinois.  The

Secretary reserves the discretion to check the status of the petitioner's

driving privileges in other states, as reported by the PDPS; and

F)         the petitioner has paid all necessary fees due the State of

Illinois.

2)         Out-of-state petitioners granted reinstatement under the

provisions of this subsection (k), who subsequently apply for Illinois driving

privileges and a driver's license within 3 years after the date of

reinstatement in Illinois, shall be required to have an administrative hearing

and meet all of the applicable requirements of this Subpart prior to the

issuance of any Illinois driving privileges and a driver's license.

l)          Driving

Privileges of Out-of-State Petitioners Revoked for Life.  Notwithstanding any

other provisions of this Subpart, the following provisions for the termination

of a lifetime revocation of Illinois driving privileges for certain

out-of-state petitioners shall apply:

1)         Out-of-state

petitioners seeking termination of a lifetime revocation will be required to

have an in-person hearing in Illinois, unless the hearing officer determines

that there are material extenuating circumstances that prohibit the petitioner

from attending an in-person hearing.  Material extenuating circumstances do not

include inconvenience or monetary considerations.  In-person hearings require

the petitioner to be physically present and do not include telephonic hearings

but do include real-time audio and visual internet hearings

officer determines

that there are material extenuating circumstances that prohibit the petitioner

from attending an in-person hearing.  Material extenuating circumstances do not

include inconvenience or monetary considerations.  In-person hearings require

the petitioner to be physically present and do not include telephonic hearings

but do include real-time audio and visual internet hearings.

2)         Out-of-state

petitioners whose driving privileges are revoked in Illinois for life shall be

granted termination of the lifetime revocation upon a showing that:

A)        he or she is not

currently a resident of the State of Illinois;

B)        the

petitioner is not currently seeking to reside in or be licensed to drive in the

State of Illinois;

C)        more

than 10 years has elapsed since the date of the most recent revocation;

D)        the

petitioner meets all requirements set forth in Section 1001.440; and

E)        the

petitioner has paid all necessary fees due to the State of Illinois.

3)         Out-of-state

petitioners whose Illinois lifetime revocation has been terminated under the

provisions of this subsection (l) and who subsequently become an Illinois

resident again shall have the lifetime revocation reinstated.  The petitioner

may apply for an RDP pursuant to IVC Section 6-205(c)(1.5) or 6-206(c)(3)(F).

m)        Revocations

for Reckless Homicide and Aggravated DUI Involving a Fatality.  A petitioner

who has an open revocation for reckless homicide or aggravated driving under

the influence that involved a fatality must submit, with the petition for

driving relief, either a copy of the Order of the circuit court that states the

sentence received upon conviction, certified by the Clerk of the Court, or a

document from the Department of Corrections that reflects:  the offense for

which the petitioner was imprisoned; the date of release from imprisonment; and

the terms of release or parole

olved a fatality must submit, with the petition for

driving relief, either a copy of the Order of the circuit court that states the

sentence received upon conviction, certified by the Clerk of the Court, or a

document from the Department of Corrections that reflects:  the offense for

which the petitioner was imprisoned; the date of release from imprisonment; and

the terms of release or parole.  For the purpose of determining a petitioner's

eligibility for reinstatement pursuant to IVC Section 6-208(b)1, the date of

release from imprisonment refers to the imprisonment on the conviction for the

offense and does not include release from imprisonment for a violation of

parole or probation.  It is the responsibility of the petitioner to provide

documentation that clearly reflects the date of release from imprisonment.