How do I Appeal a Decision of the Illinois Secretary of State?
The Illinois secretary of state upholds a strict set of guidelines you must follow to appeal a revoked driver's license or state-issued ID. The most common appeal in Illinois in these cases is due to dangerous acts on the highway such as driving under the influence. Another common revocation results from a medical condition that hinders driving ability.
You will have two options, to request an informal hearing or a formal hearing. In most cases, a habitual offender cannot request an informal hearing, but must follow procedures for a formal hearing. In addition, there are no appeal options for an informal hearing.
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Things You'll Need
- A qualified attorney
- Formal hearing request form
- Character statement
- Documentation of recovery program or evidence of medical improvement
Instructions
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Hire a qualified attorney with extensive experience handling DUI cases or medical cases concerning driver's license revocation. You can appeal your decision without an attorney, but it lowers the chance of success. An attorney will have the experience and knowledge of the law to present the merits of your case.
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Request an informal hearing if it's allowed and it's your preference. You may request an informal hearing in person without an appointment. Visit an appropriate driving facility and make your request. You may have to wait your turn, but a hearing officer will see you the same day. The hearing officer will take your deposition and ask for all documents supporting your position. Usually you will receive a decision within 30 days by letter. There is no appeal process after an informal hearing. You will need to proceed with a formal hearing if the outcome is unfavorable. Those with multiple DUIs or reckless offenses causing death cannot request an informal hearing.
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Request a formal hearing. Your attorney must file a written request with the secretary of state. In about six weeks, you will receive a hearing date. Attend the hearing with your attorney and present your case. Unlike informal hearings, the hearing officer will record the proceedings and the hearing will function just like a trial, including submission of evidence and witnesses. You will receive a judgment at the end of the hearing and a complete written statement of the proceedings by mail. If the decision is unfavorable, you may appeal to the circuit court or request another formal hearing every three months thereafter.
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If you need to appeal the decision, ask your attorney to file an appeal with the circuit court. He will file the petition and the court in turn will set a hearing date. You will need to attend the hearing, bring any witnesses and present all evidence just like any other trial. A judge will then make a ruling based on your evidence.
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References
- Photo Credit driving 4 image by Andrzej Borowicz from Fotolia.com
