Tuesday, March 23, 2010

Not enough DUI defendants paying for a BAIID? There's a fix for that . . .

Apparently, far, far fewer defendants than expected opted in to a special permit to drive called an MDDP. Those accused of DUI in Illinois for the first time within the preceding five years have the option to apply for an MDDP or "Monitoring Device Driving Permit" and install a BAIID or "Breath Alcohol Ignition Interlock Device" in their car. The cost of doing so is often prohibitive.

Nevertheless, legislators and BAIID providers were looking for about 40,000 motorists to participate state-wide last year. They got about 6500, and they are not happy.

Some of the problem comes from a strange holdover provision from previous legislation that appeared to serve no purpose other than to add a layer of bureaucracy. The application process as it now stands requires a Judge to approve a DUI defendant's application for an MDDP. This is typically done by asking the exact same questions the motorist would fill out on their application. And the same information the Secretary of State has already at their fingertips. In response to this waste of time and resources, some Judges have far overstepped their admittedly custodial function in this process and actually taken to denying MDDP applications under circumstances the law would otherwise allow. The law as written does not grant the Court any such discretion.

Another issue standing in the way of more MDDP issuance is the fact that those Defendants represented by the office of the Public Defender are not getting a fair shake. The law defining the role of the Public Defender actually prohibits these lawyers from advising their clients on matters relating to their suspension or from representing their clients in regards to any matter regarding their suspension before the Court. Essentially, the Public Defender must stand there and not help their client. Not surprisingly, many indigent defendants who might otherwise request an MDDP don't even really understand the option.

A recent bill introduced in the State Senate, SB3775, seeks to address these impediments by trimming the added layer of the Court and streamlining the process. The idea is that once the Secretary of State confirms a suspension will begin, they'll send the MDDP application along to the motorist, who can then fill out and return the application directly to the Secretary of State.

Sounds great, right?

Apparently not to BAIID manufacturers. They've come to Springfield with their own ideas, proposing that motorists who opt out of the MDDP program pay a higher reinstatement fee than those who opt in. Illinois' legislators should be bright enough to see this strongarm tactic for what it is, and also that such a change to the law would not withstand scrutiny in light of the Equal Protection clause of the Constitution.

23 comments:

  1. I believe that the MMDP law is unconstitional as it truly denies equal protection under the law.
    The violated parties are the working poor who dont qualify as indigent yet cannot afford the
    huge fees of opting/ The law created a cottage
    industry and they are crying because the sea of
    revenue expected did not materialize

    I made this argument at a ICLE 3rd district dinner last year and without flinching when asked, the moderator said whats worth more 1100 dollars or the right to drive. How out of touch
    could these people be!!

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  2. This is the first article I’ve read since finding this site…and what an article!!! I’m hooked.

    Best Attorney

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  3. Not only is the cost of an MDDP prohibitive, but the Illinois statute prevents eligibility for everyone EXCEPT for the "newly charged." Anyone who received a conviction prior to Jan. 1, or who was already suspended or revoked, was not eligible for a MDDP. Those individuals have to attend a formal hearing just to get permission from the SOS to install a BAIID, and the hearings are held at only four locations in the state. So, an individual has to pay $50 for a formal hearing, around $250 for an updated evaluation, hire an attorney, and travel about 100 miles (or more)just to ask permission from the SOS to install a BAIID on his car. (If the paperwork's messed up, he'll get denied, and have to wait 120 days to apply again.)This has got to be one of the most magnificent failures in "highway safety" legislation that any state has undertaken. Most of the other states allow an unlicensed individual to mail in an MDDP application, with the correct fee,insurance policy number,and certifcation by the installer directly to the licensing authority in order to drive. Or, in other states, an individual petitions the court,in his county of residence,(after the required amount of time), submits all necessary documentation, and the court decides whether or not to grant a permit. But,Illinois officials have to keep their family members employed somehow. Creating bureacracies, boards, and commissions have kept them all in the money. Now, permitting people to drive inceases revenue from highway/gasoline taxes,increases revenue from licensing/titling fee income, and, of course, car dealerships,mechanics, installers, and the BAIID unit all get money, too. I guess the SOS, and the legislature, "just don't get it." They probably could've installed way more than 40,000 units, if they had just let people buy a permit, and put them on their cars. After all, if the BAIIDs are supposed to make Illinois highways more safe,shouldn't they let EVERYBODY put one on his car?!

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    1. Its true how you pay throw the nose to get a privilege back. Half the people I knew 6 years ago drove without anything cuz their life would end without beibg able to drive. I undetstand if you kill someone or your a 3rd offender but after your first DUI, come on thats stupid. They are doing this for revenue cuz the State is broke as a crackhead on the street. I did my time snd still waited 4 years to drive a car due to the exorbitant fees and lawyer bills I had. Its a stupid device and its gonna someone killed just like textibg and driving...

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    2. You guys have been helpful. I go on this fri for my first hearing on a second d.u.i . Ive been told i would get denied the first time no matter what, so then what am i spending all this money on?... day off work, attorney fees of 1500 and when denied i have to pay another 800.....you get a 500 dollar fine for texting and driving but blowing and driving isnt a distraction.. alot about jumping thtough hoops and paying money. I havent drank in the last 5 years and have no desire to drink,,then im being told i will be denied no matyer what

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  4. I'm 58 yrs. old. I've been suffering from a disease known as Bipolar Disorder (formerly known as manic depressive). I was first diagnosed in 1989. In 1987 I stopped drinking. Prior to that year I was a full blown alcoholic. In 1988 I stopped smoking & in 1989 I began a serious self motivated physical exercise regimen. I had managed to function with the aid of a psychiatrist. Shortly afterward my wife (who also was alcoholic & my drinking buddy), separated from me & initiated divorce procedings. I was torn apart by her actions. I'm certain her reasons were related to losing her drinking partner. I remained completely free of any illegal habits, including alcohol & all other drug use for a total of 15 yrs. In 2001 shortly after the New York twin towers were victimized by terrorists, I lost my $50,000.00 / yr. job due to a collapse of the economy. A year later my bipolar symptoms resurfaced. I began to indulge in alcohol again. In 2003 I was granted SSDI benefits due to my bipolar symptoms resurfacing. In 2010 I was convicted of a DUI. I stand guilty as charged. I realized then that I was a serious threat to others, (including myself), & I was out of control. I don't contest my guiltly plea however, I was dismayed by the huge costs of obtaining an MDDP / BAIID permit. I felt that driving with a BAIID device installed in my vehicle would be more than sufficent to deter me from driving under the influence but, the costs associated with this arrangment (in my own humble opinion), were heavy handed. The total costs associated with the DUI conviction & subsequent MDDP / BAIID requirements were never fully explained by my attorney. I was totally shocked by the amount of money I was required to pay for various fees, classes, fines & costs of opting to have the BAIID device installed. They've amounted to more than $7,000.00 thus far. This was my first DUI. In fact I'd had no driving violations for approximately 15 yrs. My SSDI benefits amount to about $23,00.00 / yr. Thus my costs were almost one third of my annual benfits. The state of Illinois along with various BAIID installers / manufactures are reaping an enormous amount of money from me & other offenders, My point is this: The $7,000.00 could have been applied to restoring my mental health. Clearly the state, manufactures & installers were reaping enormous profits. The policital ramifacations seem clear to me. The bottom line is money & not the rehabilation of people like me. Had I been informed in advance of the costs involved, I would've considered accepting the 6 month suspension in lieu of the MDDP/ BAIID. Lobbyists & political favors have circumvented any considerations as to the poverty & inability to afford medical circumvention incurred by people like me. I'm truly sick & disgusted with the courts & legal system. At this time I'm more depressed than I've ever been & mad as hell. Is this what the state calls justice?

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  5. I beleive this has very little to do with anything but money. It is totally unfair to people with limited income. Once again our country has shown that there is one legal system for the haves and one for the have nots. I would love to see how many lawyers, politicians and judges invested in this scheme. Why not lower the price and put them in every car. Hell, if you cant start it and keep it going then the thing is working.I cant afford this thing on a limited income. I know I am the one that drove and am responsible, but why put me in the welfare line for a mistake? A murderer does an average of 8 years, a dui last forever.Something isnt right here. If a murderer can get a break why cant a dui offender? I know that something terrible could have happened, but it didnt. I f we pnish everyone for what could have happened, we would be putting children in jail for the proverbial ,you could have put somebodys eye out.

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  6. BAIID devices aren't accurate-I had a neighbor that had one installed on her vehicle. She had gotten a DUI, and got an MDDP, and was working, so she could afford it, at the time. One morning, about 4 months after she had one installed, she was going to drive her son to school, and it locked her out. It was a Draeger. All of us saw her-one of the other neighbors took her son to school. She was sober. She got a letter, about a month after that, asking her to "explain" herself to the BAIID unit of the Secretary of State's Office. She didn't know why, and probably put that in a letter. Anyway, they added MORE months of suspension, and more months of BAIID, which she couldn't afford, as a single parent. She said she would have been better off if she hadn't put it on her car in the first place, because she fell behind on the utilities bill, the rent, and couldn't pay the suspension fee, either. She had to "request" to take the BAIID off, and wound up losing her job, too, because she couldn't risk the driving while suspended. (Obviously, the 6500 people who have BAIID devices are all rich, don't have dependents, and don't have any other bills to pay.)Anyway, she is worse off than someone who didn't have a BAIID installed, because she would've been suspended for only six months, instead of the 12 months. (SOS DOUBLES IT)
    The Drager interlock has already been shown to be inaccurate, yet Illinois keeps pretending that these devices will somehow improve the state economy. I believe, that if she had hired someone to drive her to work for 6 months, instead of a BAIID, she would still have her job, her home, been able to pay the reinstatement fee, and would've been paying taxes into the state of Illinois, instead of being permanently suspended because her BAIID malfunctioned. There comes a point in time when someone really needs to take a look at what the Secretary of State is doing and ask, seriously, WHY? What is the point of destroying a person's life over a BAIID malfunction? If the point of a BAIID is merely to prevent someone from driving drunk, that's one thing. If the purpose of a BAIID is to keep sucking an individual dry, economically, then, once the money, the job, the rent, and the taxes,are all gone, what has the state of Illinois gained? Well, I guess there are still 6500 BAIIDs left, or is there, by now? See, I'm thinking that there are WAY less than that-I'm estimating, based on the 'doubling action' and the awareness of other dui defendants, that there are 6500 MDDPs, over half of which have NOT installed. See, an individual MUST install within 14 days, or the MDDP is invalid. After that, an individual has to walk. The Secretary of State's Office has managed to eliminate all enforcement of a BAIID's installation-they took that over, themselves, so a court CAN'T order it. No one seems to know how to apply for one, once the 14 days are up. It is my belief that there are less than 1000 BAIIDs currently installed on Illinois vehicles, even though 6500 MDDPs were issued. People can't afford them. They'll walk, quit working, quit paying taxes, quit shopping,quit paying bills. We're in a depression, and, although the Illinois Secretary of State's employees can afford them, the rest of the citizens can't. BAIID monitoring should be done locally, because they already have SOS offices everywhere. If any justice exists, she should have been able to go into an SOS Office that morning, with her witnesses, and told him that her BAIID didn't work. He could have smelled her breath, took our statements, and knew that the interlock device was wrong. Instead, one month later, she gets a finding from some employee 300 miles away that she 'violated' something, and, therefore, will be stuck on a BAIID for another six months, even though she was sober. This is just one more example of the way that Illinois destroys people's lives, when they try to do what they are supposed to do.

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    1. I feel for your neighbor! I can afford to install BAIID , but I am terrified of a false violation! I got a DUI , because the damn berth analyzer picked up my ketosis ,the alcohol under my teeth bridge and getbthisnthe damn fresh paint I the hold up cell!! The machines make mistakes and innocent people get booked for DUI..the police officer had a field day with lie - ing about everything subjective. I pleaded guilty and agreed to BAIID , now it is ok to agree that if I am around paint etc.. It can give a false reading!
      What a mess this whole DUI has become...dragging single moms into. Life of no return.. People with innocence being robbed of a clean record....no I didn't crash..I was In a perfect storm. I will not drink a drop if I have to blow into that BAIID , I just hope it doesnt start acting up on me. I feel for every one who has to go thru all this trouble with their kids, family and jobs!

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  7. I received a dui in November of 2008 before the new law. After over a year of no representation from my state appointed attorney I caved and plead guilty. As the attorney here states, no where was I ever given any advise on anything regarding the dui except to plead guilty. I never even bothered with the baiid system but yet in my court cost I now find a $600.00 bill for the system. So the state just charges you for the system now no matter if installed or not. Hope this money at least goes to another person that cannot afford to pay for one instead of in some politicians pocket as I expect it will. The best advise at this point is just Do not drink and drive but if you do, find the money to hire an attorney so at least you are not just out there wondering whats going to happened to you. Good luck to everyone. I still face $3000 dollars in fines and court cost and most likely will get county jail time for failure to pay. Oh well life is a bxxxx!!!

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  8. I need some advice if anyone wants to throw out some comments. I received my 2nd DUI in Nov 09' lost my lic and CDL for a year. I was nevered offered the MDDP. I now have to go in for a formal hearing.. What is that about any tips for getting thru it? My class counsler said they denie most everyone the first time. Why is that? So I also found out I have to have the BAIID system installed more than likely. How much will that run me for a year? is there a income based program for that or one set fee? And what if I dont have a vehicle say I sell my car and just use my parents car how will I get a BAIID then? thanks

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  9. it was very nice blog which improving our skills about driving laws and also on going changes to it, i really like to appreciate your work which attracting us more often to come here & read something for the day.

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  10. One and only DUI 28 mos. ago in Dupage county. Scared the bleeping crap outta me. Did the baiid/mddp thing; got through the 1 mo. no driving and 5 mos. with the baiid, but whatta hassle throughout. $ to baiid installer, $ to state, $ to county, $ to lawyer, $ for alcohol classes, time spent for comm serv, yada. I know it is a serious issue, as innocent people get killed by drunk drivers sometimes, but what a cash cow for all factions. 80% who have a DUI will have a 2nd one; I'm in the 20% who will NOT. If I'm driving, I'll drink iced tea, thank you. The hassle one faces is not worth it. Good luck all.

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  11. I understand that dangerous drivers should be taken off the road. To convict and prosecute people who have done no harm to others is like prosecuting a gun owner of murder because they own a gun. The DUI laws are so biased against casual drinkers that they award police and prosecutors for convictions even though no harm was done. MADD and SADD groups are making laws that don't make sense. One cannot treat a person so harshly for simply making a mistake. If this were the case then all bars and restaurants that serve alcohol should not have parking lots.

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  12. I had a dui in '83 & 96. After 17 years sober, just now going through the process to try and get back my license. Will i still be under the BAIID requirement even though that law went into effect several years after my conviction. Any help is appreciated. Thanks.

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    1. Thanks for commenting - you're actually facing a different situation than that discussed above.
      Very often, a BAIID will be required by the Secretary of State for a Restricted Driving Permit. However, it sounds like you may actually be eligible for full restoration, and thus a BAIID may not be required. Given that some 70% of applicants for restoration (just an estimate, not an exact statistic) as a whole are turned away, you should have an attorney assisting you with your petition for reinstatement, and give you the best chance possible to be in that 30% that gets a yes.
      Feel free to call our office to discuss further at 847-635-8200.

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  13. Illinois sucks period. This year 08/2013 my case was dismissed for a second dui offense within the last 3 years. The state could not prove I was under the influence. Due to me refusing to blow, the SOS automatically suspended my license for 3 years. I am not eligible at all for a BAIID device or a permit for my job or doctors appys. I am not even eligible for an Informal hearing. They put a complete Hardship on my license. So if you are going through this and a attorney tells you they can guarantee a permit for you to drive its complete B.S. These attorneys will rob you. This state is so corrupt because in other states they only give 1 to 2 year of a suspended but they give you a permit to drive to and from work. This puts a toll on me a citizen because I feel like I have no rights. My driving privileges were taken away and I went to court for about a year. Its funny because I contacted a lawyer and they lawyer told me had I blown, he could have helped me with my case but I would have ended up paying about $12,000 by the time I was done. The stated wouldn't approve me for a Interlock Device. But if they were smart enough they could actually make some money off of me but because they want to catch someone driving with a hardship suspension like myself they figure it would be better. That will not happen because thank god to my family I get rides and public transportation sucks but helps.

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  14. The Public Defender must stand there and not help their client for bookings.

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  15. My D.U.I was over 30 yrs. ago, I just recently got my license back. A constant set of road blocks and the state holding their hands out for more money everytime I blinked kept me from getting anywhere. I have spent over $30,000 getting my license back. I prefer a refund of that money with intrest of course. From what I hear there is talk about having it in all new cars but unless they are going too charge innocent people for something they haven't done I don't see that happening. D.U.I. programs are nothing more than a cash cow! Here is a question for all of you... Why do we allow the politicians to ruin our state, our lives and take our money? We the people by the people for the people. Not we the politicians by the politicians for the politicians.

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    1. Yes, Man I agree. I wish one day we would actually stand up for ourselves. I keep saying there are more of us that feel this way then their are of them.

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  16. Yes, wow I just found this site looking for answers. I just got my BAIID installed. I cried for 3 days. It came with a navigation, the BAIID, AND A CAMERA. I have waited my whole life for this moment. My story goes like this.... I was drinking at age 11, drank and drove before I even had my license. I have a total of 3 DUI's and could have had more to be honest. I almost never had a license in the first place it was not long for me. 2 dui's at 19 years old. I got one more at 22 I had 2 beers and 1/2 glass of wine by the way. My lawyer wanted me to lie and say I had four drinks to be consistent. Yeah ok since the program of AA is all about honesty. I am the worst kind of alcoholic and I never drank every day or early. I just can not control it all of the time. I was born this way. 3 of my 4 grandparents were alcoholic and my moms dad died at 40 from curios of the liver. My father was a bad alcoholic who used to hit me. Men abused me all my life. I wanted to die. I drove anyway for years looking over my back because I had no one. I had a baby at 27 ahhh the love of my life right under GOD of course. My whole world collapsed again. I collected one last charge after being sober for the first time in my life for 2 years. I was being terrorized by my sons father by polar glass shattering. Horrible. I got 3 months in jail and my baby wisked out of my arms. They found a driving charge from 2002 also that they added on gladly. I am not saying I even deserve a CHANCE but I am getting old now 35. I am not that person anymore I am more like Martha Stewart you would never believe who I was to who I am. I lost everything in this economy crash and could not afford anything until this year 2014. My son went with out most things from me since he has been born. I lost my home of 8 years, our cloths, furniture, and our lovely dog passed this year. I wish I could have had the money sooner so this could stop affecting my sons life. I never wanted him to see this machine. I want my own life with out his dad one day and I am scared that I still have another year of my life being this way if something happens with this machine. I have been sober for well almost 7 years now. I am a pretty lady I have been riding my bike back and fourth to work and my son to school. We walked to school every day for 2 years straight. His dad is gone all of the time working all summer long. If I am off work they say I can't go to a meeting during that time only the times for meetings. Sorry to say I am very depressed still and need meetings. Is that the point that I am not drunk. Why can't I go to the store or Church if I am not drunk I do not get it. Why cant I take my son to the dentist or get groceries??? Is that not the most important part of my job as a mother? And trust me when you are me the closer I get to getting there the more I get attacked. I mean like as soon as I signed up for my RDP and hired my lawyer life got so bad that I really wished I could just be drunk but I know this game way too well and I say you can't have me anymore. If I get to make it through this year with this machine the state will never see me again either. I have taken my whole life from me. I never crashed not once, a complete danger to myself and everyone around me yes, and the biggest kicker I drove myself to drivers ed at 16 my teacher said I was the best driver he had all year. I am a great driver. My gram is old and people are starting to need my help and it feels so bad to not be able to do things for them. Life is passing by I can't visit my family, or drive them or take care of them. Think again before you drink and drive it has stolen my life.

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  17. I've tried extremely hard to get my Iowa license back from Illinois and still trying. Problems lies in the way it works in that state, is the double jeopardy they are putting everybody threw including out of towners. You shouldn't have to have another hearing after you been found guilty, just a review on fact findings that you completed your treatment and what not . I don't believe in self help or AA which is why I been denied twice but i continue to go because of the document . I dont need to be judged again or testify at another hearing. I already did my requirements by the county and state. I also have proof of of sobriety for over 5 yrs. I guess what I'm getting at is this monopoly to pay hand over fist to the system not to mention people have to work hell I drive it everyday so its not going keep people from driving that's for sure. Plus them blow in goes I wouldn't even waste my time it cheaper to get caught driving in my opinion. But thats the risk I have to take I've been caught once in my home state going to work but you wouldn't believe I convinced the judge and he actually dismissed the driving on non vaild . He said that it's a shame you can't even get work permit when you a tax paying citizenship and you've completed all necessary treatment. Anyway I have a 3 rd hearing coming up I guess i have to fork out more money for a lawyer this time around just for them to coach me threw it ...Good luck and don't forget where all alcoholics because the big books says so ....spare me my dignity

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