A friend called, he needed directions to the courthouse. I could hear his girlfriend in the background as he spoke. They had gotten lost and were sitting in a mall parking lot.
His license is suspended. Her’s is valid.
After giving the directions, I asked him if he was driving. He said “Yup!”
Just a thought, if you don’t have to drive and you license is suspended, let her drive.
Ray Flavin
Add comment August 13th, 2008
As many of you know, because you read this blog. McHenry County DUI’s will change January 1st. Instead of JDP (Judicial Driving Permits), MDDP’s will be issued. These will require the installation of a breathalyzer device in your car in order to drive.
The good news is that suspensions will still be challengeable in court, and thus it will be possible to get DUI suspensions thrown out. There was a possibility that the legislature would require hearings at the Secretary of State offices (which would have greatly reduced the number of hearings), but that is not going to happen.
Ray Flavin
Add comment June 24th, 2008
Some people think that lawyers who represent those drivers charged with DUI are “for” DUI’s. Those people are mistaken. I want the law to be clear and fair. The law isn’t.
The other reason that DUI law is interesting to me is that the STATE holds all of the power. They could make the law infinitely clearer but they choose not to. And the reason that they don’t is that people make the laws, and those people have interests.
On January 1st 2009, the STATE of Illinois will require a breathalyzer device to be installed in the car of all of those people who receive DUI’s. And the reason … because those people have an interest in the breathalyzer company. (You might want to invest in this stock because the market for the device is GUARANTEED). Oh, and the suspension periods are doubled (again).
Why do I think this “great idea” is misplaced … it’s because not everyone who gets a DUI is someone who presents a danger to us on the road. To put a breathalyzer machine in every car will only make more work for me. Wait a second …..
Ray Flavin
Add comment June 21st, 2008
As I sit here typing. My traffic code book has six duplicate sections for DUI. Now they are really not duplicate sections … one section will say that a fourth or subsequent DUI is a Class 4 Felony and the next section might say DUI is a Class X Felony. They are changing the law and the old DUI law is listed there while it is in effect.
Is there any hope for non lawyers to ever understand DUI law? I am not optimistic. And if we know for sure that regular people don’t understand the law, then is it fair to live by the “ignorance of the law is no excuse” axiom?
I am for giving the legislature a limit of 50 new laws. You all argue amongst yourselves what those laws should be but 50 is all you get. Now you might say Ray, why so many.
There where 10,000 bills submitted to the legislature for consideration last year. The other idea … you get a limited number of pages to write the law on … treasure each page.
Just Ideas!
Ray Flavin
Add comment June 21st, 2008
I have not written for sometime because the program that allows me to write blogs stopped working. There have been a lot of legal developments on DUI law and traffic law and I will try to catch up.
First, in our area a number of teenagers had pleaded guilty to “possession of alcohol by a minor.” They received Supervision. In the past, the Secretary of State did not suspend the driver’s licenses of minors who got Supervision (were not convicted). Well, that changed on January 1st with a new law that says that “any disposition” will result in a suspension.
All of the kids went back to court to vacate their supervisions, and all hell broke loose. The Chief of Police took the kids side because he felt that the suspensions were a surprise to him and others. And the community wanted to lynch the Chief for his supposed “not supporting the law.”
Of course, this new suspension law is par for the course in Illinois, because now you can be suspended for 36 different events (getting a DUI, not paying Child Support, …..). There is no way that the law will ever be made clearer because it is written by legislatures and interpreted by judges. As long as the State sees driving as a privilege this problem will never be solved.
But, really, is it a privilege to drive to work in the morning? Is it a privilege to drive to get groceries? With our society all spread out in suburbia, could we really walk to do the things we do?
No.
Ray Flavin
Add comment June 21st, 2008
A lot of drivers are confused about what supervision is, so I’m going take a minute to get you up to speed. Supervision is an alternative disposition. Before supervision, you could be convicted or found not guilty of a crime. A record of convictions (or rap sheet) was kept on every person who received a conviction for a crime.
Illinois has a policy of revoking the driving privileges of anyone who was convicted of DUI.
What happens with supervision is this: the conviction is withheld, and the driver is given a chance to complete alcohol counseling, attend a victim impact panel (one hour session), pay fines and not violate the law for a year while on supervision. If he successfully completes supervision the charges are dropped.
In Illinois you can only get one supervision for DUI in a lifetime.
Because you can only get supervision once in a lifetime, Illinois needs to keep track of who has used up their once in a lifetime supervision. They do this by keeping a DRIVERS ABSTRACT FOR COURT PURPOSES. This record keeps track of all supervisions. Only drivers, their attorneys,and the prosecuting attorney can get copies of this special record. Insurance companys do not get to access this record
Also, at the beginning of this year the legislature changed the law, so that a driver may only get 2 supervisions per year on any traffic violation.
Hope that helps,
Ray Flavin
Add comment June 21st, 2008