CapitolFax.com - Latest Comments in Question of the day

Re: Question of the day

way northsider — Wed, 01 Aug 2007 23:40:21 -0000

Yes, you should be allowed to keep it. The DL is a permit to drive. If you have been stopped for something minor, you are still allowed to drive and therefore you should be able to retain your permit to do so.

While on this topic, I suggest you ask whether people think it is right and fair that a Driers License has become a de facto ID for all kinds of unrelated matters. We effectively have a back door national ID.

Re: Question of the day

North of I-80 — Wed, 01 Aug 2007 17:18:58 -0000

Why change it? The DL in your possession isn't yours anyhow... it's property of IL SOS. You're just renting it [and license plates]. SOS can cancel, suspend, issue or confiscate the DL, which represents your privilege to drive, given to you by SOS. It is only a convenience that you buy alcohol or cigarettes or rent a car with it; YOUR convenience and nothing owed to you by IL SOS. The answer is to carry cash, a bond card and get a state ID card.... as well as buckle up and try to not get a ticket. And yes, you can drive while the DL circulates through the system [unless you're suspended, revoked or cancelled]... just keep a copy of the citation on you when you drive....

Re: Question of the day

I'm Anonymous — Wed, 01 Aug 2007 16:53:45 -0000

WAIT! I thought these cops always gave each other breaks and covered for each other! What about the blue code of silence and all!

Re: Question of the day

Recently Affected — Wed, 01 Aug 2007 16:52:23 -0000

Squideshi - when I just got mine back for the seat belt ticket, it was stapled & of course, now has holes in it...

Re: Question of the day

Squideshi — Wed, 01 Aug 2007 16:50:01 -0000

"If it is a 'Supreme Court Rule', how do you change it?"

You file a "petition for rulemaking" with the Supreme Court, asking them to change the rule. This is covered in Supreme Court Rule 3. You'll also want to take a look at Article 5 of the Illinois Administrative Procedure Act. (5 ILCS 100/1 et al.)

Re: Question of the day

Freezeup — Wed, 01 Aug 2007 16:45:01 -0000

Can 49 other states be wrong? Different procedure, neither right or wrong, just different.

In some of those states if you don't post bond you can be jailed for a traffic offense. Is that right or wrong?

As long as there is a "big hammer" encouraging people to go to court, I don't care what it is.

Asking them nicely to please go to court doesn't work and apparently for most people their signature and their word as a promise doesn't mean anything.

These systems are not set up to be convenient for the traffic violator but you do have more than one option.

Re: Question of the day

Squideshi — Wed, 01 Aug 2007 16:37:09 -0000

Yes. State law should be changed to allow people to keep their licenses after a non-DUI traffic stop.

Tickets are not always accepted as a substitute for state issued ID, and even FOID and Social Security cards are not often accepted. I haven't received a ticket since the new style licenses have been issued; but I wouldn't doubt it if they have found some way to put the equivalent of staple holes in the new plastic cards too!

Re: Question of the day

Captain America — Wed, 01 Aug 2007 16:16:39 -0000

Can 49 other states be wrong? The Illinois practice of confiscating a license for routine traffic offenses seems to be an anachronism. Change the law/rule. There seem to be other reasonable means to enforce sanctions against scofflaws.

Re: Question of the day

Jaded — Wed, 01 Aug 2007 16:05:02 -0000

If you read the rule Supreme Court (rule 501 and 526), the license is just one option. You can also give $75 cash (which includes traveler's checks and major credit card drafts), or a bail bond certificate. So if you are worried about it, carry cash, or travelers checks so you can give the exact amount of $55 (seat belt) $75 (speeding) $95 (20-29 over the limit), or $105 (30-39 over).

I don't think it is unreasonable for the state to require one of those things for bail when you violate a law. So I guess my answer to the question is that the state does allow a person to keep their license if they have one of the other options. If they don't then I guess that is their fault, and the state should get some assurance that you are going to pay your fine, or show up in court.

Re: Question of the day

Freezeup — Wed, 01 Aug 2007 15:50:46 -0000

625 ILCS 5/6-306.3 appears to be that law.

Re: Question of the day

Anon — Wed, 01 Aug 2007 15:40:58 -0000

Most downstate police officers do not take your license. They give you a ticket and envelope. They even tell you a court date in case you want to fight it.

Re: Question of the day

anonymous — Wed, 01 Aug 2007 15:40:39 -0000

The law/rule should be changed. A drivers license is an identification and without it if you don't have an regular ID, the police are taking away your identification. If a police officer has discretion to take the license, under what circumstances will he or won't he take someone's license. That's too much discretion that can lead to discriminatory practices.

If police officers take drivers licenses in actually, a person can't drive without it; there is no such thing as driving on a ticket.

Re: Question of the day

Rich Miller — Wed, 01 Aug 2007 15:32:16 -0000

Change the law that the rule is based on.

Re: Question of the day

Freezeup — Wed, 01 Aug 2007 15:23:46 -0000

If it is a "Supreme Court Rule", how do you change it?

Lobby the court?

Re: Question of the day

Rich Miller — Wed, 01 Aug 2007 15:21:16 -0000

Funny. Now, let's get back to the question, OK? Thanks. :)

Re: Question of the day

Chicago Cynic — Wed, 01 Aug 2007 15:18:38 -0000

Touche' Jaded!

Re: Question of the day

ILDem — Wed, 01 Aug 2007 14:58:31 -0000

Ever tried to rent a car out of state with only an IL ticket for a license and your passport for photo ID? Good luck!

This happened to me recently on a business trip back East. After enduring many long looks of shame - as if I were a drunk driver - and patiently explaining why I only had a paper ticket and that it was a LEGAL driver's license three times, my reservation with Budget Rent A Car in Connecticut was refused. I tried several other agencies with the same result. The only way I could get a car was luckily finding a very helpful Hertz agent who knew IL law and was willing to rent to me.

BTW - the ticket was 11 mph over in a 55.

As an aside, my ticket is now currently "lost" in the system. It has never appeared on the website or in their database. So now, no one knows where my license is! I've hired an attorney to help sort it all out, and I'm more than willing to pay the ticket, but this experience is a bit ridiculous.

It is time to change this practice.

Re: Question of the day

Jaded — Wed, 01 Aug 2007 14:54:27 -0000

Chicago Cynic,
Thanks for the advice, however I never speed when I am driving because I don't want to spill my beer.

Re: Question of the day

Recently Affected — Wed, 01 Aug 2007 14:52:14 -0000

Well, if the few bad apples spoiled it for the rest of us, then at least make the licenses available the next day or something. A piece of paper isn't the same thing as a license, therefore it almost seems like I shouldn't have been driving at all for 2 weeks...all because I wasn't 'protecting' myself (not even a moving violation!!), which btw is no one else's business but mine.

Re: Question of the day

Freezeup — Wed, 01 Aug 2007 14:47:15 -0000

I don't ever remember being able to "Promise To Comply" Illinois drivers, but you are right, it comes down to the fact that if you release them on their signature, they don't show up...

Re: Question of the day

North of I-80 — Wed, 01 Aug 2007 14:33:22 -0000

We did it already in the 1990's. All Compact states [IL, IA, MO, IN are, WI is NOT] have the option of "Promise to Comply". You sign and mail back response [guilty, not guilty or court supervision + class] by the due date and all is good. If you don't, your DL gets suspended. IL drivers blew it because SO many of them did not comply by the dates and SOS was so overwhelmed with all of the IL suspensions. SOS removed that option for IL drivers. Recall it lasted in IL for about 2 years.

Re: Question of the day

Thelma — Wed, 01 Aug 2007 13:51:58 -0000

What a bunch of whiners...upset about not being able to buy booze and cigs when you want because you were caught violating the law. Cops take you license for bond, to make sure you show up to court, not as a punishment. Seems to work pretty well sice it sounds like all of you showed up. Besides the AAA card, some gas cards have the option to be used as a bond card (just call the company and ask about the option). You can can also go to the clerks office and post a cash bond for the ticket (even before the court date) and get your license back if you really need it. It seems to me that requiring debit card readers or having the police handling cash would create more bureacuratic headaches than they would solve. What type of paperwork would be required to account for all that money? Doesn't this create a situation that could result in, at least, the appearancy of bribery? Businesses get charged to use a debit or credit card, I'm assuming the state would too, do you want to pay for that? How about paying for all the new equiptment? I realize it's a pain in the behind, but it's really a fairly simple system as it is now, and it works.

Re: Question of the day

Freezeup — Wed, 01 Aug 2007 13:51:24 -0000

Nate-

80 for big trucks.

Re: Question of the day

Nate — Wed, 01 Aug 2007 13:48:48 -0000

Yeah, you guys aren't thinking outside the box.

All we have to do to solve this is raise the speed limit to 90 throughout the state.

Re: Question of the day

Petersburg Pounder — Wed, 01 Aug 2007 13:47:56 -0000

Maybe CC should "obey" the law and travel the speed limit. Then the minivan wont be in the way.
The state ID card is just as good as a DL and everyone should have one. Driving is a priveledge not a right, so if you get the DL taken away for not driving correctly...too bad!