Cancellation of monitored device driving permits Lawyer Manual

If a person’s MDDP has been canceled as a result of a traffic violation listed in 625 ILCS 5/6-206.1(c-1) – paragraph entitled Traffic Violations Resulting in Cancellation of the MDDP above - or as the result of an unauthorized de-installation, reinstatement is not automatic when the statutory summary suspension terminates. Instead, the person is first required to apply for an RDP using an administrative hearing and, once granted, must drive on the RDP for a period not less than twice the original summary suspension period or for the length of any extensions of suspension, whichever is longer, subject to BAIID requirements. The practitioner should note that as a condition of being granted an RDP, the person will comply with additional requirements including a Secretary of State formal hearing, an alcohol/drug evaluation as well as completion of requirements for the evaluation classification. 625 ILCS 5/6-206.1(l); 92 Ill.Admin.Code sec.1001.444(a)(4).

A conviction or court supervision for the following violations will result in cancellation of the MDDP:

1. 625 ILCS 5/6-206.2 (violations relating to an ignition interlock device);
2. 625 ILCS 5/6-303 (driving while suspended);
3. 625 ILCS 5/11-204 (fleeing or attempting to elude a peace officer);
4. 625 ILCS 5/11-204.1 (aggravated fleeing or attempting to elude a peace officer);
5. 625 ILCS 5/11-401 (leaving the scene of an accident involving death or personal injury);
6. 625 ILCS 5/11-501 (DUI);
7. 625 ILCS 5/11-503 (reckless driving);
8. 625 ILCS 5/11-506 (street racing or aggravated street racing); or
9. Any offense of which alcohol or drugs is an element and a motor vehicle was involved.

Note: these offenses do not include offenses alleged as part of the occurrence for which the MDDP was issued. The offenses cited above include similar provisions of local ordinances or out-of-state offenses. 625 ILCS 5/6-201.1(c-1).

Other bases for cancellation of the MDDP

If the person causes the BAIID to be removed without prior authorization from the Secretary of State, the permit shall also be canceled. 625 ILCS 5/6-206.1(c-1). See also 92 Ill.Admin. Code sec. 1001.444(e)5).