Changes to the Illinois Vehicle Code Will Ease the Hardship of Some Violations

progressiveIn the past few weeks, Governor Rauner signed into law two bills that make exciting changes to the Illinois Vehicle Code. On July 31st, the Governor approved Public Act 099-0212, removing the prohibition against receiving Supervision as a sentence for an Aggravated Speeding conviction. Then, on August 6, 2015, the Governor approved Public Act 099-0290, which lifted the ban against applying for a Restricted Driving Permit (RDP) following a fourth DUI conviction. Both common-sense reforms are sure to improve the lives of many drivers throughout Illinois when they take effect on January 1, 2016.

The long-anticipated change to the Aggravated Speeding law comes in the wake of a finding by Judge Deborah Gubin that the law in its current state is unconstitutional. While the Supreme Court of Illinois awaits the completion of the briefing stage in the appeal of that case (People v. Rizzo), the Illinois General Assembly took it upon themselves to make some changes that presumably comport with the Illinois Constitution. In its current form, Julie’s Law (as the Aggravated Speeding statute is commonly known) precludes a sentence of Supervision for motorists convicted of driving 26 miles per hour or more over the posted speed limit. However, with the approval of Public Act 099-0212, first-time offenders are now eligible to receive Supervision unless the infraction occurs under any of the following three circumstances: (a) the driver has a prior conviction under Julie’s Law (or a similar law in a different state); (b) the driver has previously received Supervision under Julie’s Law (or a similar law in a different state); or, (c) if the infraction occurred in a designated school zone, a designated construction zone, or a designated urban area. Under those circumstances, the driver will remain ineligible for Supervision. The availability of Supervision for first-time offenders comes as a welcome relief to many drivers who would otherwise have no way of avoiding a misdemeanor conviction for having a lead foot. Avoiding such convictions through a sentence of Supervision is extremely important to those clients who have no criminal record and wish to remain conviction-free. Our team here at LauraLaw is highly experienced in fighting Aggravated Speeding charges, along with many other traffic charges, so if you are pulled over by the police, be polite to the officer and call LauraLaw as soon as possible.

Similarly, the change to the DUI statute comes as good news to many drivers throughout the state of Illinois. As the law currently stands, a person convicted of their fourth DUI will have their licensed revoked with little-to-no hope of reinstatement. With the approval of Public Act 099-0290, a person convicted of a fourth DUI will be allowed to apply for a Restricted Driving Permit (RDP) 5 years after the date of their revocation or their release from imprisonment (whichever is later) if the following criteria are met: (a) they have maintained at least 3 years of sobriety; (b) they have completed or are currently enrolled in the treatment program recommended following their alcohol evaluation; and, (c) they install a Breath Alcohol Interlock Ignition Device (BAIID) into the vehicle they will be using. While it does not allow a person full access to the road at all times, an RDP allows a person to legally drive to-and-from work and to-and-from treatment. Often times, the ability to drive to-and-from work and treatment can be the difference between employment and unemployment, and the difference between sobriety and relapse. Here at LauraLaw, we know the challenges involved with DUI. Our team is experienced in fighting DUI cases in the courts, and fighting for reinstatement of your driver’s license in front of the Illinois Secretary of State. If you should find yourself under arrest for DUI, or if you need to get your license back after it has been revoked, contact LauraLaw immediately and we will help get you back on the road as soon as possible.

These changes to the Illinois Vehicle Code are sure to change the lives of many drivers on the road in Illinois. We here at LauraLaw would advise that the best way to avoid the hassle and cost of speeding tickets and DUI would be to abide by the speed limit and avoid drinking and driving at all costs. However, if you should find yourself under arrest for Aggravated Speeding, your fourth DUI, or any other crime in Illinois, contact LauraLaw immediately and our team will fight for your rights while helping you navigate the legal system.


Comments

Changes to the Illinois Vehicle Code Will Ease the Hardship of Some Violations — 2 Comments

  1. Hi Lisa;
    Yes, I believe this new law may potentially help you but I cannot know that without knowing all the facts. If you would like to call for a free consult, we would be happy to talk. Our phone number is 847-696-7185. As stated, this blog is not giving legal advice-just trying to educate people on their rights and on legal news of note. It may or may not be applicable to you. Additionally, no attorney-client relationship is created by any posting. Should you wish a confidential free consult, please fee free to call. Thank you for reading!

  2. Does this have any application to someone with a revoked license from two DUIs, with the second one being a felony?

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