Chicago DUI attorney comments on the new DUI law that takes judges out of the process

It is done.  This Chicago DUI attorney has most recently mentioned the problem of the MDDP and courts here.  Now, effective on Valentine’s Day, the MDDP no longer requires giving a judge a forum to belittle the defendant or attempt to get the defense attorney to bargain over a client’s right by withholding their signature from the MDDP.

Public Act 96-1526:

Synopsis As Introduced

Amends the Illinois Vehicle Code. Removes the authority of the courts to order the issuance of a monitoring driving device permit (MDDP) and grants the authority to the Secretary of State. Provides that persons issued a MDDP and who must drive a farm tractor to and from a farm, within 150 air miles from the originating farm are exempt from installation of a Breath Alcohol Ignition Interlock Device (BAIID) on the farm tractor, so long as the farm tractor is being used for the exclusive purpose of conducting farm operations. Effective January 1, 2011.

Senate Floor Amendment No. 2

Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Removes the authority of circuit courts to order the Secretary of State to issue a monitoring device permit (MDDP) to an eligible first-time DUI offender, and instead, provides for the automatic issuance of a MDDP by the Secretary to an eligible first-time DUI offender. Provides that the eligible first-time DUI offender may file a petition to decline issuance of the MDDP with the court of venue. Provides that persons issued a MDDP and who must drive a farm tractor to and from a farm, within 50 air miles from the originating farm, are exempt from installation of a Breath Alcohol Ignition Interlock Device on the farm tractor so long as the farm tractor is being used for the exclusive purpose of conducting farm operations. Provides that the Secretary shall adopt rules for methods for determining indigency with respect to persons eligible for a MDDP. Makes other changes. Effective January 1, 2011.

Onward and Upward!