Archive for May, 2011

Driving Without MDDP is a Felony in Illinois

May 26th, 2011 at 2:42 pm

In the case of People v. Isaacson  2011 WL 1958150, 4 (Ill.App. 4
Dist.) (Ill.App. 4 Dist.,2011), the court found that a driver caught without an MDDP is subject to a felony even if they weren’t elgible for one:
The State’s interpretation of the statute is more consistent with the purpose of MDDPs to provide driving privileges in a manner consistent with public safety. By determining eligibility
at the time the summary suspension is imposed, the statute punishes those who
initially had the opportunity to get an MDDP and drive in a manner consistent
with public safety but drove anyway during the summary suspension without one.
On the other hand, eligibility at the time of the violation would allow
defendants who lost the ability to obtain an MDDP to receive a less severe
punishment than those who did not lose the privilege, which is an absurd
result.
Accordingly, we hold section 6–303(c–3) of the Vehicle Code
applies to individuals who are convicted of violating section 6–303 during a
summary suspension, for which the individual was eligible for an MDDP at the
time the suspension was imposed. Thus, we disagree with defendant his guilty
finding was based on a misinterpretation of section 6–303(c–3) as the trial
court applied the proper construction of the statute. Additionally, we note
defendant does not raise any other challenges to his
conviction.

Referendum efforts target jury trial option in DUI cases

May 6th, 2011 at 8:13 am

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