DUI LOCAL RULES (CIRCUIT COURT OF COOK COUNTY, IL)
PART 11. PROCEDURES IN TRAFFIC CASES, QUASI-CRIMINAL CASES AND
CERTAIN MISDEMEANORS
11.1 Petitions to Rescind Statutory Summary Suspension: Method and Place of Filing
Notice to the Prosecutor and Setting Hearing Dates.
This Circuit Court rule governs Petitions to Rescind Statutory Summary Suspensions (625
ILCS 5/2-118.1) and shall be effective in all Municipal District of the Circuit Court of Cook
County.
(A) Place and Method of Filing
(i)Mailing
The petition may be filed by mail with the Clerk of the Circuit Court addressed only to the
office in the Municipal District of venue as provided in paragraph (D) below.
(ii) In Person
(a) Prior to the First Appearance Date
If the petition is filed prior to the first appearance date on the Uniform Traffic Citation issued
pursuant to the accompanying violation of 625 ILCS 5/11-501 or a similar provision of a local
ordinance ("the accompanying DUI charge") it may be filed in the office in any Municipal
District designated by the Clerk of he Circuit Court to accept such filings.
(b) Subsequent to the First Appearance Date
If the petition is filed subsequent to the first appearance date as defined in paragraph (A)(ii)(a)
above, it must be filed in the Office of the Clerk of the Circuit Court in the Municipal District of
venue as provided in paragraph (E) below.
(B) Date of Filing
The date of actual receipt by the Clerk of the Circuit Court as documented by its filing stamp
shall constitute the date of filing.
(C) Service of Petition to Rescind Statutory Summary Suspension
The petition shall be served upon the proper prosecuting authority in accordance with
Supreme Court Rule 11 no later than close of the next business day after the date of filing.
(D) Documents Required to be Filed
(i)The petition shall be accompanied by a copy of the notice of statutory summary suspension
served upon the defendant pursuant to 625 ILCS 5/11-501.1 (f), or,
(ii)In absence of a copy of the notice of statutory suspension, the petition shall contain the
additional following information:
1. DUI citation number, date and time set for appearance;
2. Law Enforcement Office Sworn Report Number, if available;
3. Courtroom number;
4. Defendant's name, including middle initial;
5. Defendant's address;
6. Defendant's gender;
7. Defendant's date of birth;
8. Arrest date, officer's star number and department;
9. Defendant's driver's license number and state of issuance;
10. Municipal District violation.
(iii) The petition shall also be accompanied by either a pro se appearance or, if represented
by counsel, an executed attorney's appearance.
(iv) The petition shall also be accompanied by a notice of filing and certificate of service by
Supreme Court Rule 12.
(E) Venue
The hearing on the petition shall be conducted in the Municipal District in which the
accompanying DUI charge arose.
(F) Hearings
(i) If the petition is filed on or prior to the first appearance date on the Uniform Traffic Citation
issued pursuant to the accompanying DUI charge, the hearing shall be set by the Clerk for the
first appearance date.
(ii) If the first appearance date is more than 46 days after service of the notice of summary
suspension, the petitioner may request an earlier hearing date upon proper notice of motion
to the prosecuting authority pursuant to Circuit Rule 2.1.
(iii) If the petition is filed after the first appearance date as defined in paragraph (i) above, the
matter shall be set for hearing on the next court date, if any, for the accompanying DUI charge
unless that date is more than 30 days after the date of filing of the Petition to Rescind.
If the next date is more than 30 days, or there is no pending court date on the accompanying
DUI charge, the hearing shall be set by the clerk for the date between 15-25 days from the
date of said filing. The petitioner may waive the right to a hearing within 30 days by executing
a waiver in writing at the time of filing, in which case the hearing shall be held on the next
court date for the accompanying DUI charge or, if not date is pending, then on a date to be
set by the Clerk. Petitioner shall provide notice of such waiver to the prosecuting authority.
(iv) The Clerk shall provide written notice by mail to the petitioner, petitioner's counsel (if any)
and the prosecuting authority of the date, time and courtroom where the hearing will be
conducted. In the event the hearing is set for a date other than the first appearance date
appearing on the Uniform Traffic Ticket on the accompanying DUI charge, this written notice
shall be mailed not less than five business days prior to the hearing date.
[Amended, effective February 15, 1998.]
11.2 Alcohol and Drug Evaluations in Driving Under the Influence cases (DUI) and
Other Serious Traffic Offenses
(a) An alcohol and drug evaluation and recidivist background check shall be made available
to the court prior to disposition in the following:
(i) All driving under the influence of alcohol or drug cases.
(ii) Any charge of reckless driving that is a reduced charge of a DUI.
(b) All evaluations shall be filed with the Clerk of the Court. The Clerk shall keep and maintain
evaluations separate from general access files and shall release the evaluation as prescribed by law or upon appropriate order of court. The Clerk shall return all evaluations to the
evaluation program upon completion of sentence.
[Amended, effective March 26, 1992.]
11.3 Driving While Under the Influence Cases (DUI)
(a) Supervision - Prior to considering a disposition of supervision for a defendant who has
been charged with the offense of driving while under the influence of alcohol, other drugs, or a
combination thereof, in violation of Section 11-501, of the Illinois Vehicle Code, (Ill. Rev. Stat.,
1991, ch. 95 1/2, par. 11-501) [625 ILCS 5/11-501] or a similar provision of a local ordinance,
the court shall first review and have made of record each of the following:
(i) The facts and circumstances of the violation with specific attention to the level of alcohol
concentration in the defendant's blood and to whether personal injury or property damage
occurred in conjunction with the violation.
(ii) The written alcohol/drug evaluation of the defendant prepared by the Central States
Institute of Addiction, with specific attention to the determination of the risk to public safety
that the defendant presents if he/she continues to drive a motor vehicle. Risk means the
specific level (minimal, moderate, significant, or high) assigned to a DUI defendant which
describes the defendant's probability of continuing to operate a motor vehicle in an unsafe
manner. This level assignment is based upon the following factors: The nature and extent of
the defendant's alcohol and/or drug use; the BAC level at the time of arrest; prior dispositions
for DUI; and other factors which may include any physical, emotional and/or social
dysfunction arising from the use of alcohol and/or other drugs.
(iii) Any alcohol or drug related driving offenses contained in the defendant's driving abstract,
as recorded by the Secretary of State's Office, for the preceding five years.
(iv) A DUI recidivist check (a record of any prior order(s) of supervision entered by the Circuit
Court of Cook County, and a statement whether the defendant has participated in an
alcohol/drug intervention program for a DUI offense) shall be conducted by the Central States
Institute of Addiction as part of its evaluation process.
(v) Whether, in connection with the circumstances of the violation, the driving privileges of the
defendant have been suspended as a result of a refusal to submit to a chemical test.
(vi) Evidence of all other elements required by law.
(vii) When the defendant requests the sentence of supervision, he/she shall establish:
1. That an order of supervision is in the best interests of the public.
2. That an order of supervision is in the best interests of the defendant and his/her family;
and,
3. That there are other matters in mitigation for consideration.
(viii) Any other factors deemed relevant by the court or brought to the attention of the court by
either the defendant, the prosecutor or the victim.
(b) Evaluation Program - The Central States Institute of Addiction (C.S.I.), hereinafter
referred to as "the evaluation program," shall perform all alcohol/drug evaluations for the court
pursuant to the statutory requirements of Section 6-206.1 or Section 11-501, of the Illinois
Vehicle Code, (Ill. Rev. Stat., 1991, ch. 95 1/2, par. 6-206.1 and 11-501) [625 ILCS 5/6-206.1,
625 ILCS 5/11-501], similar provisions of a local ordinance or by court order for other
misdemeanors wherein the nature of the charge, the conduct of the defendant, or a factor to
be considered in sentencing is alcohol/drug related.
(c) Evaluation Program Requirements - The Evaluation Agency shall comply with the
following requisites:
(i) The evaluation program shall demonstrate competency in the substance abuse field.
(ii) A representative of the evaluation program shall be present and available to testify on all
scheduled court dates.
(iii) The evaluation program shall, on a regular basis, monitor each Level I - Minimal Risk
defendant, while that person is assigned to an intervention program and until the termination
of the sentence. Required reports shall be made to the court's designated monitoring agency
as to the defendant's progress.
(iv) The evaluation program shall charge a fair and reasonable fee. The evaluation program
shall have a written policy, acceptable to the court, concerning the acceptance of and the
servicing of indigent defendants. The criteria used in the determination of indigency shall be
as prescribed by the Department of Alcoholism and Substance Abuse Regulations (D.A.S.A.).
(v) The evaluation program shall establish a network of D.A.S.A. funded agencies for the
purpose of providing intervention services, which include inpatient or outpatient treatment and
aftercare services to indigent defendants.
(vi) The evaluation program shall provide reports, for both fee paying and indigent clients,
within statutory guidelines and on scheduled court dates.
(vii) Reports by the evaluation program shall contain a statement concerning the defendant's
recidivism, which shall include a record of any prior orders of supervision not contained in the
Secretary of State's driving abstract and a statement whether the defendant has participated
in an alcohol/drug intervention program for a prior DUI offense.
(viii) The evaluation program shall not refer or accept a DUI defendant, classified as Risk
Level I, into a remedial education program provided within the same program or service. The
evaluation program shall not refer or accept a DUI defendant, classified as Risk Level II or III, into a treatment program provided within the same program or service.
(ix) The evaluation program shall have referral agreements with service agencies that provide
comprehensive treatment services and adhere to the, to Illinois Department of Alcoholism and Substance Abuse Regulations, and have established procedures that protect the
confidentiality of program participants and their records.
(x) The evaluation program shall refer defendants classified as Level I - Minimal Risk, to a
remedial education program that maintains that population separate from defendants
classified as Level II - Moderate or Significant Risk, or Level III - High Risk. Risk means the
specific level (minimal, moderate, significant or high) assigned to a DUI defendant which
describes the defendant's probability of continuing to operate a motor vehicle in an unsafe
manner. This level assignment is based upon the following factors: The nature and extent of
the defendant's alcohol and/or drug use; the BAC level at the time of arrest; prior dispositions
for DUI and other factors which include any physical, emotional, and/or social dysfunction
arising from the use of alcohol or other drugs.
(xi) C.S.I. shall continue as sole provider of alcohol/drug evaluations for the court as long as it
remains a not-for-profit organization and conforms with all requirements contained herein,
retains all necessary licenses required by state statute or regulations, and is in compliance
with any agreement executed with the Circuit Court of Cook County.
(xii) The evaluation program shall file a statement of compliance with this Rule. This
statement must express the program's intention to comply with all of the provisions of Rule
11.3. The statement shall be filed in the Office of the Chief Judge, Circuit Court of Cook
County, Richard J. Daley Center, Chicago, Illinois 60602. Failure to file a statement of
compliance will result in the non-acceptance of the evaluator's reports for any Circuit Court of
Cook County purpose.
(d) Remedial Service Providers - Any licensed program providing a driver remedial
education course of study for a defendant charged with the offense of driving while under the
influence of alcohol, other drugs, or a combination thereof, in violation of Section 11-501, of
the Illinois Vehicle Code, (Ill. Rev. Stat.,1991, ch.95 1/2, par. 11-501) [625 ILCS 5/11-501] or
a similar provision of a local ordinance, shall comply with the following:
(i) The remedial education course shall be conducted as prescribed by the Department of
Alcoholism and Substance Abuse Regulations.
(ii) The remedial education program shall charge a fair and reasonable fee.
(iii) The remedial education program shall have a written policy, acceptable to the court,
concerning the acceptance and servicing of indigent defendants. The criteria used in the
determination of indigency shall be as prescribed by the Department of Alcoholism and
Substance Abuse Regulations.
(iv) The remedial education program shall maintain classes for defendants classified as Level
I - Minimal Risk, separate from defendants classified as Level II - Moderate or Significant
Risk, or Level III - High Risk.
(v) The remedial education program shall encourage family members to attend classes with
the clients at no additional cost.
(vi) The remedial education program shall report to the court or to the court designated
monitoring agency as to the client's progress. Written progress reports, as required by the
court, shall be made in a timely manner for both fee paying and indigent defendants.
(vii) The remedial education program shall notify the appropriate prosecuting authority and the
designated monitoring agency of a defendant/client's failure to attend and/or complete court
ordered remedial education classes. The program shall communicate this information, in writing, to the court within thirty (30) days after said noncompliance.
(viii) The remedial education program that services DUI defendants in the Circuit Court of
Cook County must file a statement of compliance with this Rule. This statement must express
the program or agency's intention to comply with all of the provisions of Rule 11.3. The
statement shall be filed in the Office of the Chief Judge, Circuit Court of Cook County, Richard
J. Daley Center, Chicago, Illinois 60602. Failure to file a statement of compliance will result in
the non-acceptance of the driver remedial education program report for any Circuit Court of
Cook County purpose.
[Amended, effective March 26, 1992.]
11.4 Community Service
(a) All defendants sentenced to community service shall be processed as follows:
(i) The defendant shall be directed to contact the Social Service Department. The Social
Service Department will direct the defendant to the appropriate community service program
pursuant to the court order. All defendants who are subject by statute to mandatory
community service sentences shall be directed to the Sheriff's Community Service Program.
(ii) If a defendant is evaluated as inappropriate for either community service program, the
Social Service Department will immediately notify the prosecuting authority. The case will be
recalled for reconsideration of the sentence.
(iii) A progress report shall be made to the court regarding the defendant's placement and
progress in the community service program as required by the court.
(iv) On the termination date of sentence, the defendant shall appear in court with evidence of
the successful completion of all aspects of the court's order.
(b) The defendant shall pay the reasonable costs associated with community service activities ordered by the court whether the agency providing the community service activity is the
Sheriff of Cook County or the Social Service Department of the Circuit Court of Cook County.
Each community service agency shall establish a schedule of fees and shall uniformly assess fees based upon the defendant's ability to pay.
(c) Defendants who have not satisfactorily completed community service may be resentenced
to community service at the discretion of the court and with such modifications as the court
deems appropriate.
[Amended, effective March 26, 1992.]
11.5 Termination of Supervision
(a) Whenever a defendant is charged with a crime that has the potential of a jail sentence, he
shall be required to return to court on the date set for the termination of supervision.
(b) The court, on the record, shall inquire of the prosecuting authority whether or not there is
any objection to the termination.
[Amended, effective March 26, 1992.]
11.6 Monitoring
(a) In all cases where a defendant is placed on Supervision or Conditional Discharge for an
alcohol/drug-related misdemeanor driving offense, the Sentencing Order shall indicate that
the defendant is to be monitored on a reporting basis by the Social Service Department or
their designee. The defendant placed on Supervision or Conditional Discharge shall pay all
reasonable costs assessed by the monitoring agency for such monitoring, in addition to fines, costs, surcharges and/or restitution as ordered by the sentencing court.
(b) The monitoring agency shall provide written reports to the sentencing court pursuant to the
sentencing order. A final report shall be filed with the court on the scheduled date for
termination.
(c) The monitoring agency shall promptly report in writing to the prosecuting authority any
violation of the sentencing order or the requirements of the monitoring agency. All violations
shall be reported as soon as discovered or no later than thirty (30) days prior to the date of
termination of sentence. Nothing herein shall prevent the filing of a violation at any time prior
to the termination of the sentence. Upon filing of a Petition for Violation, said petition shall be
set for hearing within the period prescribed by law.
[Amended, effective March 26, 1992.]
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