A DUI MDDP “did you know?”

A veteran DUI defense attorney called me today to discuss a situation that had arisen with one of his clients.

The client had been suspended for a DUI, and had obtained a Monitored Device Driving Permit (“MDDP”) which allowed him to drive a motor vehicle during the suspension, so long as it was equipped with a Breath Alcohol Ignition Interlock Device (“BAIID”).  Instead of driving his BAIID equipped vehicle, the client was caught driving a second vehicle that he owned, without a BAIID.  The client was charged with driving while suspended.

This attorney did the best he could for his client, and obtained an excellent disposition — court supervision, which traditionally has been sought by traffic attorneys for their clients on driving while suspended cases because (unlike a conviction) it does not trigger a doubling of the underlying suspension.

Or so he thought.

His client just got a notice that not only was his permit being cancelled, but also his suspension was being extended another year.

The attorney wanted to know:  “Is this really the law?”  The answer was “yes, it is.”

The statute for the MDDP provides that upon receiving either a conviction or court supervision for driving while suspended (or DUI, leaving the scene of an accident, reckless driving, drag racing, fleeing and eluding, or violating the terms of the MDDP) the MDDP shall be cancelled. 625 IlCS 11-206.1(c-1)

However, that is not all.  Upon such cancellation, the person shall have his or her suspension doubled.  625 ILCS 11-206.1(l).

So to reiterate, if you drive outside the bounds of your MDDP, you will not only lose your permit, you will have your suspension doubled.  And during that period, the only way to get any driving relief is if you go through a formal hearing process through the Secretary of State (and that hearing process will probably take almost as long to complete as your suspension).

Just another reason to read the fine print of your MDDP.  And not to try to take any shortcuts with the law.

(I should point out that this client still got a great deal — he could easily have ended up with a felony conviction, jail or prison time, and having his vehicle forfeited — just for driving a non-BAIID equipped car during his summary suspension).

Carmen Iacullo, IDOT official, pleads guilty to DUI

IDOT official pleads guilty to drunk driving

Carmen Iacullo, an Illinois Department of Transportation official who has represented IDOT at safe driving programs, plead guilty to driving under the influence of alcohol with a BAC in excess of 0.08. He allegedly had a BAC of 0.098.

According to Clifford Ward of the Chicago Tribune, Mr. Iacullo plead guilty and received a sentence of court supervision, a $1,000 fine and was required to attend a victim impact panel. He was also ordered to wear a SCRAM device, which is an ankle bracelet which detects alcohol consumption. Wearing such a device is highly unusual for a first time offender. According to the Tribune, it was ordered because “it was not possible to install any state-owned vehicle Iacullo may drive with a device that tests blood-alcohol content.” This is somewhat confusing, but it implies that the state agreed to rescind Mr. Iacullo’s six month license suspension in return for wearing the SCRAM, since he was unable to obtain the usual driving permit which requires a breath ignition interlock permit installed on the vehicle.

Update: the Chicago Sun-Times states that Mr. Iacullo will have to serve his six month driver’s license suspension, and will be suspended by IDOT for 30 days. They also report that his total fines, fees and costs add up to $2,405.

Illinois law defines “supervision” as “a means of disposition and revocable release without probationary supervision, but under such conditions and reporting requirements as are imposed by the court, at the successful conclusion of which disposition the defendant is discharged and a judgment dismissing the charges is entered.” 730 ILCS 5/5-1-21. Our Supreme Court has ruled that supervision is not a conviction. One court stated that “the status of a case under an order of supervision then becomes in the nature of a continuance until the conclusion of the period of supervision whereupon the court shall discharge the defendant and enter a judgment dismissing the charges if the defendant successfully complied with the conditions of supervision.”

Will my DUI appear on my record?

One of the most common questions I receive is “whether or not my DUI will remain on my record?”

I hate to speak in “lawyer-ese” but unfortunately, there isn’t a clear-cut answer.

The biggest unknown is what is meant by your “record”?  Do you mean a criminal record, and if so, which criminal record?  From the Illinois State Police, the FBI, or some private organization?  Or do you mean the Secretary of State’s driving records, or a nationwide driver database, or insurance records?  What about the clerk of the circuit court’s records?  What about the internet?

It is impossible for me to exhaust all the possible places where an arrest might appear.

Let me start out with a few basic concepts:

1.  In Illinois, first offenders are eligible for “court supervision.” Supervision is a type of sentence, which upon successful completion, results in dismissal of the charge.  730 ILCS 5/5-1-21.

The Illinois Secretary of State does not place supervision dispositions on the standard driving abstract that is readily available to the general public.  However, supervisions are kept on a “court purposes” abstract, which is only available to certain government entities (like police and state’s attorneys), you and your lawyer.

Thus, a DUI supervision will not appear on your public driving record (but it will appear on the hidden “court purposes” one).

Even though you have received supervision, it will still remain on the clerk’s public record.  These can be viewed by the public at the courthouse.  In addition, many circuit court clerks have records available on the internet, or sell them to private companies.  And the ones that don’t do this now may do so in the future.

2.  In Illinois, DUI supervisions or convictions are not eligible for expungement.  Neither are DUIs that were reduced to reckless driving.  20 ILCS 2630/5.2(a)(3)(A).

You can only obtain an expungement of an Illinois DUI if you were found not guilty of the offense, or the charge was otherwise dismissed.

If your case is expunged, then the clerk will remove the charge from their records, the arresting police will destroy their file and the Illinois State Police will remove the arrest from their records.

However, an expungement is not a complete erasure of your case.  An Illinois expungement is not binding on the Federal government, so the FBI is not under any obligation to remove an expunged DUI from their database.

Also, an expungement does not apply to non-Illinois governmental businesses.  For example, if your arrest was reported in a “police blotter” section of a local newspaper, and your name was indexed by a search engine, the arrest may pop up every time someone searches your name, regardless of the expungement.

Confusing, isn’t it?  Feel free to ask me at haroldwallin@gmail.com if you have any questions.