San Diego DUI criminal defense attorney - DMV news

September 26, 207

SPRINGFIELD — The state should have an easier time suspending the licenses of drunken drivers under legislation signed Tuesday by Gov. Rod R. Blagojevich.

Secretary of State Jesse White said the legislation gives his office ''more weapons in the war against drunk driving.''

''This legislation sends a very strong message that driving while intoxicated is always unacceptable, '' White said in a statement issued by the governor's office.

First among several changes, Public Act 95-627 provides that, in statutory summary suspension hearings, the failure of a police officer to respond to a subpoena ''shall not, in and of itself, be considered grounds for the rescission of an implied consent suspension.' '

The legislation, which goes into effect on July 1, 2008, provides that hearings may proceed based on police reports and other available evidence, assigned whatever probative value the hearing officer deems appropriate.

The law also amends section 6-201(a)(7) of the Illinois Vehicle Code, which provides for an automatic one-year cancelation of licenses for people convicted of drug crimes while in actual physical control of a vehicle.

The change is intended to tighten the standards for issuing a restricted driving permit. Under current law, such a permit is premised in part on whether ''the person is able to demonstrate that no alternative means of transportation is readily available.'' The new law states that petitioners ''must'' demonstrate such lack of alternate transportation.

The legislation also ends the eligibility of fourth-time drunken driving offenders to obtain restricted driving permits, and expands the range of offenders who can get restricted driving permits only if they install an ignition interlock device.

Now, convictions for involuntary manslaughter or reckless driving can count toward the two convictions that mandate an interlock device. 720 ILCS 5/9-5.

The legislation allows the secretary of state to suspend the license of anyone — without a preliminary hearing — whom the evidence shows committed perjury or filed fraudulent documents in a statutory summary suspension hearing.

The signing came one month and one day after Blagojevich signed legislation that requires breath-testing ignition interlock devices for all first-time DUI offenders. Public Act 95-400.