Ill. Admin. Code tit. 92, § 1001.460 - Requests for Modification of Revocations and Suspensions
a) No Rescission. Revocations and suspensions
will not be rescinded, except as provided by law or rule. Mandatory revocations
and suspensions cannot be reduced or modified in any way, except as provided in
subsections (e) and (g).
b)
Modification Limited. Suspension periods are set by Department of Driver
Services rule (see 92 Ill. Adm. Code 1040) to apply equally to all
persons.
c) Modification Defined;
Disqualifying Factors. For purposes of this Section, modification means that a
discretionary revocation may be reduced to a 12 month suspension, a reduction
in the length of a suspension, or the termination of a suspension on or by a
specific date, or as soon as the termination can be processed by the Secretary
of State. The following factors disqualify a petitioner from being considered
for modification:
1) Prior fatal or Type A
injury collisions with a disposition (either court supervision or conviction)
for a citation issued in conjunction with or as a result of the collisions,
within 2 years prior to the date of the hearing. For purposes of this
subsection (c)(1), a "Type A Injury" is as defined in IVC Section
11-501.6(g);
2) A prior suspension
under the Illinois Safety Responsibility Law [625 ILCS 5 /Ch. 7] within 2 years
prior to the date of the hearing;
3) A disposition for any moving violations
within 6 months prior to the date of the hearing;
4) A revocation or suspension of driving
privileges for any moving violations within 5 years prior to the date of the
hearing;
5) The record of the
proceeding contains credible evidence that the petitioner's conduct, for which
his or her driving privileges are suspended or revoked, resulted in the
petitioner being charged with a felony.
d) Factors Considered in Petitions for
Modification of Discretionary Revocations and Suspensions. Modification may be
granted for good cause shown. "Good cause" means that the petitioner has the
burden of showing why an exception should be made to serving the full term of a
revocation or suspension. If the petitioner shows good cause, then
consideration for modification may be given to a petitioner under the
conditions listed in this subsection, but the petitioner also is allowed to
submit other considerations for modification.
1) Extent of Petitioner's Culpability. The
Secretary will consider the petitioner's intent, knowledge, conduct and role in
the facts of the event that resulted in the revocation or suspension of his or
her driving privileges, and the attitude exhibited by the petitioner prior to
and/or at the hearing.
A) In regard to a
suspension entered pursuant to IVC Section 6-206(a)9, this means that the
petitioner is able to present credible evidence that he or she did not have a
specific intent to provide false information on an application for a driver's
license or driving permit.
B) In
regard to a suspension entered pursuant to IVC Section 6-206(a)10, this means
that the petitioner is able to provide credible evidence that he or she did not
use alcohol or other drugs and that there was no reasonable potential for the
petitioner to use alcohol or other drugs while in the possession of a driver's
license or identification card issued to another person. Furthermore, the
petitioner must be able to show a credible and legitimate reason for being in
possession of someone else's driver's license or identification card.
C) In regard to a suspension entered pursuant
to IVC Section 6-206(a)14, this means that the petitioner is able to present
credible evidence that he or she has cooperated with law enforcement
authorities in the investigation, apprehension and/or prosecution of persons
for violations of the Illinois Vehicle Code, particularly those related to
underaged drinking or the possession, display, use, attempted use, distribution
or manufacture of fraudulent or fictitious driver's licenses, permits or
identification cards not issued to the petitioner.
2) The seriousness of the offense and the
petitioner's attitude (acceptance of responsibility, expressions of genuine
remorse, etc.).
3) The petitioner
must be able to demonstrate, by clear and convincing evidence, that he or she
is at low risk of repeating his or her behavior in the future. The Secretary
reserves the discretion to require the petitioner to satisfy the requirements
of this Subpart D if there is evidence that the petitioner may be a user of
alcohol or any other drugs to a degree that renders the petitioner incapable of
safely driving a motor vehicle, as a condition of modifying the suspension or
averting a cancellation of the petitioner's driving privileges;
4) The early termination of a suspension will
be considered when, in addition to satisfying the other conditions of this
subsection (d), the petitioner also provides a compelling justification or
mitigating circumstances that warrant the early termination.
e) Rescission, Termination or
Modification of Revocations Entered Pursuant to IVC Section 6-205(a)16.
1) Petitions to rescind, terminate or modify
a revocation entered pursuant to IVC Section 6-205(a)16 are considered at a
formal hearing (see
625 ILCS 5/2-118
);
2) In order for a revocation to
be rescinded, the petitioner must prove that his or her conduct was not the
proximate cause of the death;
3)
The Secretary will apply the criteria in subsections (c) and (d) in deciding
whether to modify or terminate a revocation;
4) Modification or termination will not be
granted unless the petitioner presents a certificate of completion of any
driver remedial or rehabilitative program.
f) Limitations on the Terms of Modification
of Discretionary Revocations and Discretionary Suspensions. A discretionary
revocation may only be reduced to a 12 month suspension. However, a
discretionary revocation shall not be reduced to a 12 month suspension and then
the suspension reduced. A discretionary suspension may be reduced by no more
than 6 months, unless it is terminated. A discretionary suspension shall be
terminated only under the most compelling circumstances and in the interest of
fairness and justice, except as provided in subsection (g).
g) Credit for Out-of-State or Military
Offenses. Credit may be given to Illinois licensed drivers if they commit an
offense or engage in conduct outside the State of Illinois or on a military
base that results in revocation or suspension of their out-of-state or military
base driver's license and driving privileges and that is entered prior to their
Illinois driver's license being suspended or revoked pursuant to IVC Section
6-206(a)(6) or (a)(24) for the same or a substantially similar offense. In
order to be eligible to receive credit for the time spent suspended or revoked
out-of-state or on a military base prior to being suspended or revoked in
Illinois, the petitioner must demonstrate either that the prior suspension or
revocation created a previous undue hardship as it pertains to hardships
recognized under this Part or that the petitioner resided temporarily in the
other state or military base prior to his/her Illinois driver's license being
suspended or revoked in Illinois. The credit shall be given against the
Illinois suspension or revocation for the same length of time actually served
on the out-of-state or military suspension or revocation prior to the effective
date of the Illinois suspension or revocation. A discretionary revocation will
be modified to a suspension and terminated early, or the date of eligibility
for reinstatement of Illinois driving privileges shall be advanced.
Notes
Amended at 28 Ill. Reg. 12123, effective September 1, 2004
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.