Saturday, May 8, 2010

Chicago DUI attorney says new legislation that permits winning the DUI war and still losing the battle

This Chicago DUI attorney knows that the State Reps flew out of Springfield yesterday, but knowing that there’s still important unfinished business, like a budget.  It doesn’t mean legislation like this is gone.


SB3732



    Sec. 1-197.6. Statutory summary revocation of driving


privileges. The revocation by the Secretary of State of a


person's license or privilege to operate a motor vehicle on the


public highways for the period provided in Section 6-208.1.


Reinstatement after the revocation period shall occur after the


person has been approved for reinstatement through an


administrative hearing with the Secretary of State, has filed


proof of financial responsibility, has paid the reinstatement


fee as provided in Section 6-118, and has successfully


completed all necessary examinations. The basis for this


revocation of driving privileges shall be the individual's


refusal to submit to or failure to complete a chemical test or


tests following an arrest for the offense of driving under the


influence of alcohol, other drugs, or intoxicating compounds,


or any combination thereof involving a motor vehicle accident 


that caused personal injury or death to another, as provided in


Section 11-501.1 of this Code.


Again, no one wants to have an accident.  But just because there’s an accident and someone is injured, or worse dies, doesn’t mean driving privileges should be revoked.

This seems interesting because even if the person is found not guilty at trial or the charges are dismissed, their driving privileges are still revoked.  Does that really seem just to you?


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