Formal and informal hearings Lawyer Manual

There are two (2) types of hearings available to those seeking driving relief.  The attorney representing the revoked or suspended driver must first determine whether a formal hearing is necessary or whether the client is eligible for an informal conference which may result in a more expeditious resolution of the client's problem, without diminishing or delaying the chances for a favorable determination.

A formal hearing is always required where the client:

1. Has multiple DUI convictions or implied consent violations (not including zero-tolerance suspensions) arising out of different occurrences (including those which have occurred out of state and do not necessarily appear on the client’s Illinois driving record). Note that DUI supervision dispositions and convictions or supervisions for reckless driving (reduced from DUI) do not constitute a disqualification for those seeking an informal hearing under this rule;
2. License and/or privileges are revoked, suspended or canceled as the result of an offense involving a death;
3. Is seeking the modification or rescission of a suspension or revocation;
4. The license is revoked pursuant to 625 ILCS 5/6-205(a)(1) (e.g., as the result of a pending charge of reckless homicide (aggravated DUI involving death);
5. Is required to have a BAIID device as a condition of receiving driving privileges; or 
6. Has a statutory summary suspension and is seeking an RDP after the cancellation of the MDDP as a result of a violation of the program rules.

Issues at a hearing

Illinois Courts have had an opportunity to consider the issues to be addressed when determining whether relief from an order of revocation or suspension was proper.

The Courts have identified the main issues to be considered as:

1.   The paramount interest is the Secretary of State's statutory duty to protect the public safety and welfare, i.e., the degree of risk posed by returning the petitioner to the highways; and  
2.   The degree of hardship suffered by the petitioner as the result of the loss of driving privileges.

Since the legislature has expressly given the Secretary of State discretion under the statute, the Secretary of State must exercise the option based upon the public interest.  This means that the Secretary of State should not issue a restricted driving permit unless he has determined that granting the applicant a restricted driving permit will not endanger the public safety or welfare, then the Secretary of State should carry out the purpose of the statute by granting the applicant a restricted driving permit.