CDL holders and esup

KB article ID:200

AOIC's initial position

The AO urges that the court's TSP/sup processes make it clear that CDL holders should call the TS school because a supervision might help with their personal license, but it doesn't avoid issues with the CDL. The AOIC has offered the following guidance in the past.

As I have indicated in the past, I am unable to provide specific responses to portions of an application without reviewing the application in full. I agree that supervision will assist a CDL holder with action on an Illinois license to drive, but will not prevent action against the CDL or an out of state violator, in many instances. Not providing any direction regarding this issue in the handout materials or prohibition of it in the electronic option may become an issue, depending on the entire program. One of the goals of this program is to do our best to not place a violator in jeopardy where it is unnecessary. Doing so, looks bad on the entire court system, and angry calls to the local clerk's of court office.

There are many instances of not allowing violators to plead to violations that will have extreme actions on their driving privileges, such requiring a person charge with not having a child passenger restraint when proof of purchase will result in a dismissal, when a violator with an accident where there was personal injury to someone other than the driver could result in it being used in a civil action, someone with an expired license which has been expired less than a year will result in a suspension of that license for a guilty plea, etc., etc., etc.

These things are done at a higher level than at the clerk's direction for a reason, one of which is uniformity. The other is to assure the violator received the appropriate due process, when appropriate.

Judici's response

Some courts actually tell CDL holders to call the court. Presumably, this is precisely so they can be told that while sup won't prevent impacts upon you commercial DL, you MAY choose to seek it in order to prevent suspension of their right to drive their personal vehicle.

So unless the AOIC advises otherwise, the eligibility criteria section of Judici will NOT preclude sup for CDL holders.

The AOIC's response

Not to our understanding. I'm pretty sure that the SOS sent out a flyer a couple of years ago that indicated that anyone holding a CDL would have sanctions on the CDL at the federal level for a violation, even if, in their personal vehicle. That is what most drivers attempt to prevent.

However, in regards to the right to drive a personal vehicle in Illinois, the supervision would prevent that from being one of their three (3) before a suspension occurred. Therefore, supervision would be of assistance, but to a lesser degree if they cannot work.