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Timing and Other Issues With the IIL

Posted by Unknown | Mar 04, 2014 | 0 Comments

We're about one month into the world of the IIL and the more we learn, the less we know.  I have been tracking hundreds of emails from our colleagues about the timing problems for many of our clients.  Specifically, the time lapse between application and actually receiving the IIL.

Currently, DOL is stating that it will be 3-4 weeks from application to receipt of the license.  Not only is this personally frustrating, but it frustrates the clear intention of the State Legislature by permitting individuals to avoid hard deprivations of their driving privilege.  That being said, we must recognize that DOL has never been concerned with assisting our citizens, nor have they ever been too concerned about what the legislature says.  If the 3-4 week period is correct, then even if a driver would to apply the morning following their arrest, they would be up against the gun here.

At least one attorney has reported that it took her client 15 business days to get the IIL.  Another attorney reported that they went to a local DOL office, and since they already had the IID installed and the SR-22 on file, they were given an IIL on the spot!!!  What, customer service from the DOL?  As another attorney quickly pointed out, don't be surprised if this is a once in a lifetime occurrence.  The reality of the situation is not too foreign to any of us.  Once you get government involved in anything, progress comes to a screeching halt.  The bureaucracy that entangles everything at the local and state level precludes efficiency in just about everything.  Don't expect things to get any better.  Government is never looking for more expeditious ways to do business.

Knowing what we know today, you must advise your clients of the possible waiting period.  Should they choose to litigate their hearing, they must understand that if they loose, they will not be driving for 2-4 weeks even if they apply immediately.  For some clients that cannot afford any deprivation of their driving privilege, this forces them to either apply immediately and waive their hearing, or hope to hell that they win.  As many of us know, winning a DOL hearing is like successfully throwing rocks at the moon.

Other questions regarding the IIL:

Drug DUIs: Yes, there is a rumor that if your client is convicted of a DUI involving drugs, not alcohol, they cannot get an IIL.  This rumor has been confirmed.  A representative from DOL, who shall remain anonymous, has stated that DOL is working with the State Legislature to remedy this problem, but as of this posting there is no progress to report.  Since the current ORL statute specifically excludes DUIs and the current IIL statutes refers to an “alcohol related offense” a person convicted of DUI (Drugs) cannot get an IIL or an ORL and therefore is SOL by the DOL…..you follow?

Previously Licensed:  Unlike the old ORL statute, which required that you possess an valid license at the time the suspension commenced in order to get the ORL, the IIL does not have these limitations.  According to the DOL, as long as your client has been given a license sometime in their lifetime, they can apply for the IIL.

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