Thursday, February 18, 2010

WTW! Chicago Criminal lawyer comments on legislation that will snatch your driving privileges--based on a drug conviction

This Chicago Criminal lawyer has posted here on the War on Drugs. Now comes the news of outrageous legislation.


Amends the Illinois Vehicle Code. Provides that whenever any person has been found guilty of, received a disposition pursuant to the provisions of the Juvenile Court Act of 1987 for, or received a disposition of court supervision for a violation of the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act, the judge of the court in which such conviction is had shall require the surrender to the clerk of the court of all driver's licenses or permits then held by the person, and the clerk of the court shall, within 5 days, forward the licenses, together with a report of such conviction, to the Secretary of State. Provides that the Secretary of State may suspend the driving privileges of a person for such a violation for a period of 6 months for a first offense and a year for a second or subsequent offense within 5 years, and provides that, in either case, the court may order the Secretary of State to issue a judicial driving permit if certain conditions are met.

Seriously? Not only is there no connection between a drug conviction and the ability to drive I don't think it will pass Constitutional muster in Illinois and I'm confident it wouldn't pass muster in the U.S. Supreme Court. Additionally, how is anyone with a drug conviction going to handle rehabilitation, e.g. staying clean from drugs, going to school, going to work, with the additional burden of a license suspension? Is this their idea of a New, and successful, War on Drugs?- Yeesh!

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