| LEGAL DEVELOPMENTS |
Over 100 new Illinois laws went into effect on January 1, 2009
NEW DUI LAW DEVELOPMENTS:
As of January 1, 2009, first time DUI offenders in the State of Illinois
will be required to install a BAID device in their automobile in order to
get any type of driving permit during the period of their suspension
MDDP DUI Driving Permit
Illinois Has Abolished JPD and Replaced it with MDDP
Effective January 1, 2009, Illinois has abolished the judicial driving
permit [“JDP”] and replaced it with the monitoring device driving
permit [“MDDP”]. As it was with the JDP, the MDDP allows a “first
offender” to drive during the term of a statutory summary
suspension. The MDDP requires that the vehicle driven is equipped
with a breath alcohol ignition interlock device [“BAIID”]. Persons
issued an MDDP who must drive an employer’s vehicle that is not
equipped with a BAIID may request to be allowed to do so.
Whereas a JDP permitted a person to drive only for limited purposes,
such as for work, school or treatment, the MDDP allows driving for
any purpose. The MDDP also places no limitation on the amount of
time a person can drive each week. In these two regards, the MDDP
facilitates greater driving freedom than did the JDP.
With the eradication of the JDP, gone also is the requirement that the
petitioner furnishes the court an alcohol evaluation or employment
letter. Whereas the court had discretion to deny issuance of a JDP,
the court now must grant an MDDP to every first offender who does
not “opt out” of the program, and as long as the person’s driver’s
license is otherwise valid, death or great bodily harm did not result
from the charge at issue, the driver was not previously convicted of
reckless homicide or aggravated driving under the influence involving
death, and the driver is not under the age of 18.
An individual who opts not to receive an MDDP must do so in writing.
If later, during the pendency of the statutory summary suspension,
that same person desires an MDDP, one still may be requested. The
court is required to inform first offenders of their right to an MDDP
and of the obligations under the MDDP.
Fees and Costs for the BAIID
If it is true that the MDDP provides greater driving freedom than did
the JDP, without doubt in all other regards it is a more burdensome,
costly and onerous proposition for the motorist. A major difference
between the MDDP and the now-defunct JDP is the cost associated
with each. Stated simply, the JDP was free; a JDP petitioner did not
have to pay anything to obtain and drive on that permit. To obtain
and maintain an MDDP, however, the driver must pay at least four
separate fees.
First, there is the Secretary of State “administration fee.” This fee
has been set at $30.00 per month. It is noted that the same 30 days
of “hard suspension time” that applied to JDPs remains in effect.
Thus, MDDP drivers still must wait until the 31st day of the statutory
summary suspension before they can drive. The $30.00 per month
administration fee must be paid to the Secretary of State in full, up
front, for the entire suspension period at the time the Secretary
receives the MDDP order.
With the inception of the MDDP program there has also come a
doubling of first offender statutory summary suspension time.
Therefore, a driver facing a six-month suspension is required to pay
a $150.00 administration fee to drive for the last 5 months of the
suspension, and a driver facing a one-year suspension is required to
pay an administration fee of $330.00 to drive for the last 11 months
of the suspension.
It is noted that in practice, if an MDDP-eligible offender requests an
MDDP at the first court appearance, the court may issue an order
that requires the permitee to pay administration fees for a full six
months or twelve months, even though driving is not allowed during
the first month of the suspension. Whatever the total administration
fee, it must be paid by money order, cashier’s check, or “pre-
approved” credit card.
Once the MDDP has issued, drivers have 14 days to have the BAIID
installed on their vehicles. If the Secretary of State does not receive
notice that the BAIID was installed during this 14 day period, the
MDDP is canceled.
BAIID Fees
In addition to the administration fee, the driver is required to pay a
BAIID installation fee ranging from between $85.00 and $100.00, and
approximately $80.00 to $115.00 per month in rental fees, all to the
device provider. The device provider must be certified by the
Secretary of State. There is even an additional charge for de-
installation of the device. The court is allowed to waive MDDP fees if
it finds a person to be indigent.
Other DUI Fees
In addition to the BAIID fees, the requisite reinstatement fee of
$250.00, payable to the Secretary of State at the natural conclusion
of the summary suspension, remains in effect. Aside from the BAIID
costs and reinstatement fee you will also be required to pay for the
court imposed fines, the DUI evaluation, the DUI classes, the Victim
Impact Panel, and the necessary insurance.
For more information click to go to the Secretary of State website
NEW DUI LAW DEVELOPMENTS:
As of January 1, 2009, first time DUI offenders in the State of Illinois
will be required to install a BAID device in their automobile in order to
get any type of driving permit during the period of their suspension
MDDP DUI Driving Permit
Illinois Has Abolished JPD and Replaced it with MDDP
Effective January 1, 2009, Illinois has abolished the judicial driving
permit [“JDP”] and replaced it with the monitoring device driving
permit [“MDDP”]. As it was with the JDP, the MDDP allows a “first
offender” to drive during the term of a statutory summary
suspension. The MDDP requires that the vehicle driven is equipped
with a breath alcohol ignition interlock device [“BAIID”]. Persons
issued an MDDP who must drive an employer’s vehicle that is not
equipped with a BAIID may request to be allowed to do so.
Whereas a JDP permitted a person to drive only for limited purposes,
such as for work, school or treatment, the MDDP allows driving for
any purpose. The MDDP also places no limitation on the amount of
time a person can drive each week. In these two regards, the MDDP
facilitates greater driving freedom than did the JDP.
With the eradication of the JDP, gone also is the requirement that the
petitioner furnishes the court an alcohol evaluation or employment
letter. Whereas the court had discretion to deny issuance of a JDP,
the court now must grant an MDDP to every first offender who does
not “opt out” of the program, and as long as the person’s driver’s
license is otherwise valid, death or great bodily harm did not result
from the charge at issue, the driver was not previously convicted of
reckless homicide or aggravated driving under the influence involving
death, and the driver is not under the age of 18.
An individual who opts not to receive an MDDP must do so in writing.
If later, during the pendency of the statutory summary suspension,
that same person desires an MDDP, one still may be requested. The
court is required to inform first offenders of their right to an MDDP
and of the obligations under the MDDP.
Fees and Costs for the BAIID
If it is true that the MDDP provides greater driving freedom than did
the JDP, without doubt in all other regards it is a more burdensome,
costly and onerous proposition for the motorist. A major difference
between the MDDP and the now-defunct JDP is the cost associated
with each. Stated simply, the JDP was free; a JDP petitioner did not
have to pay anything to obtain and drive on that permit. To obtain
and maintain an MDDP, however, the driver must pay at least four
separate fees.
First, there is the Secretary of State “administration fee.” This fee
has been set at $30.00 per month. It is noted that the same 30 days
of “hard suspension time” that applied to JDPs remains in effect.
Thus, MDDP drivers still must wait until the 31st day of the statutory
summary suspension before they can drive. The $30.00 per month
administration fee must be paid to the Secretary of State in full, up
front, for the entire suspension period at the time the Secretary
receives the MDDP order.
With the inception of the MDDP program there has also come a
doubling of first offender statutory summary suspension time.
Therefore, a driver facing a six-month suspension is required to pay
a $150.00 administration fee to drive for the last 5 months of the
suspension, and a driver facing a one-year suspension is required to
pay an administration fee of $330.00 to drive for the last 11 months
of the suspension.
It is noted that in practice, if an MDDP-eligible offender requests an
MDDP at the first court appearance, the court may issue an order
that requires the permitee to pay administration fees for a full six
months or twelve months, even though driving is not allowed during
the first month of the suspension. Whatever the total administration
fee, it must be paid by money order, cashier’s check, or “pre-
approved” credit card.
Once the MDDP has issued, drivers have 14 days to have the BAIID
installed on their vehicles. If the Secretary of State does not receive
notice that the BAIID was installed during this 14 day period, the
MDDP is canceled.
BAIID Fees
In addition to the administration fee, the driver is required to pay a
BAIID installation fee ranging from between $85.00 and $100.00, and
approximately $80.00 to $115.00 per month in rental fees, all to the
device provider. The device provider must be certified by the
Secretary of State. There is even an additional charge for de-
installation of the device. The court is allowed to waive MDDP fees if
it finds a person to be indigent.
Other DUI Fees
In addition to the BAIID fees, the requisite reinstatement fee of
$250.00, payable to the Secretary of State at the natural conclusion
of the summary suspension, remains in effect. Aside from the BAIID
costs and reinstatement fee you will also be required to pay for the
court imposed fines, the DUI evaluation, the DUI classes, the Victim
Impact Panel, and the necessary insurance.
For more information click to go to the Secretary of State website
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