Attending a Secretary of State Hearing

 Posted on November 15, 2020 in DUI

Illinois drivers whose licenses have been revoked are required to attend a Secretary of State (SOS) hearing before their driver’s licenses can be reinstated. The process of reinstating a license can be complicated, so if your own license has been revoked or you want to obtain a restricted driving permit, it is important to speak with an experienced Aurora driver’s license suspension lawyer who can improve your chances of success.

Informal Hearings

When an Illinois driver’s license is revoked because of a DUI charge, the motorist in question will be required to attend an informal hearing overseen by a hearing officer who will ask for a wide range of information, including:

• Why the driver’s license was revoked
• Details about the person’s driving and criminal records
• Why the motorist needs his or her license back
• What the petitioner has done to improve his or her behavior
• Whether the petitioner has obtained treatment for drug or alcohol abuse

The petitioner should also be prepared to provide copies of related documentation, which could include everything from an Alcohol/Drug Evaluation Uniform Report to letters written and signed by family members and friends verifying the petitioner’s abstinence.

Upon completion of the proceedings, the hearing officer will send the information obtained to the Secretary of State who is required to issue a decision within 60 days. If denied, a person will need to wait 30 days, at which point he or she can attend another hearing. Alternatively, the SOS could reinstate a person’s driving privileges or issue him or her a Restricted Driving Permit (RDP).

It’s important to note that informal hearings are generally only conducted in cases that:

• Did not involve a fatality
• Involved a single DUI
• Involved a minor traffic offense

Cases that did result in a fatality, or involved multiple DUI convictions or a major traffic offense, on the other hand, can only be resolved at a formal hearing.

Formal Hearings

A driver attempting to reinstate his or her driving privileges will need to attend a formal hearing if:

• The DUI arrest involved a death
• The driver has multiple DUI convictions
• The driver is required to have a breath alcohol ignition interlock device in his or her vehicle
• The driver failed or wouldn’t submit to drug or alcohol testing

All formal hearing requests must be submitted in writing and accompanied by a $50 payment. Formal hearings are overseen by hearing officers who will listen to testimony and consider any evidence provided by the petitioner, including:

• Written verification of alcohol or drug abuse evaluation or treatment
• Character reference letters
• Drinking habit/abstinence verification letters
• Employment verification letters
• Proof of a completed driver improvement program

At the conclusion of a formal hearing, the hearing officer will make a recommendation to the SOS review representative. This recommendation, as well as the SOS’s final decision, will be sent to the petitioner within the next 90 days. Those whose requests are denied have the option of filing a complaint for Administrative Review with the circuit court.

Meet with an Experienced Aurora Driver’s License Suspension Lawyer

To speak with a dedicated Aurora driver's license suspension attorney, please call the Law Office of Patricia Magana, LLC at 630-448-2001 today.

Source:

https://www.cyberdriveillinois.com/departments/BAIID/rdp.html