Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 1001 - PROCEDURES AND STANDARDS › Subpart D - STANDARDS FOR THE GRANTING OF RESTRICTED DRIVING PERMITS, REINSTATEMENT, AND THE TERMINATION OF CANCELLATIONS OF DRIVING PRIVILEGES BY THE OFFICE OF THE SECRETARY OF STATE › Section 1001.430 - General Provisions for Reinstatement of Driving Privileges after Revocation

Current through Register Vol. 48, No. 28, July 12, 2024
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				have been revoked include but are not limited to: the petitioner's age; whether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 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
				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