IL. Sec. of State Alleges Kane County’s Violation Of Federal CDL Masking Law Resulted In Death Of DeKalb Co. Deputy –

Illinois (ECWd) –

“His CDL would have been disqualified for life”

On November 5, 2024, we published an article entitled “Three Accident(s), DUI, Drugs, Prosecution Failures, Violation of Federal CDL Law, Death of Deputy” which was part one of a series explaining how we believed the Kane County prosecutor and Kane County Judge violated federal “anti-masking” laws governing the “masking” of tickets and arrests of holders of Commercial Driver’s Licenses (“CDL”) when they did not report the arrest and guilty plea of Anthony Sweeney to the Secretary of State, which would have resulted in his CDL being revoked. We also wrote how federal law prohibits the court’s and prosecutor’s conduct demonstrated in the first Sweeney DUI case when it dismissed the case after completion of probation or treatment.

On November 25, 2024, Illinois Secretary of State, Alexi Giannoulias, sent a letter to the United States Department of Transportation’s (“USDOT”) Federal Motor Carrier Safety Administration (“FMCSA”) referencing and alleging Kane County’s failure to comply with federal laws governing commercial driver’s licenses. He asked the USDOT to audit Kane County to check for other violations.

Key parts of the letter include (emphasis ours):

• The Illinois Secretary of State’s office recently discovered a violation of the federal masking prohibition set forth in 49 C.F.R 384.226 that occurred in Kane County, Illinois
  in April 2021. Had this violation not occurred and had the law been administered as intended, we believe the tragic death of DeKalb County Sheriff’s Deputy Christina Musil
  earlier this year could have been prevented.
• These orders demonstrate the court and Kane County State’s Attorney knowingly agreed to let Mr. Sweeney maintain driving privileges by withholding judgment on the DUI, and indicating no motor vehicle was involved in the possession of controlled substance violation, to prevent his driver’s license from being revoked and his CDL disqualified. Had the judgment been entered and the felony been reported to the Secretary of State’s office, his driver’s license would have been revoked and his CDL disqualified.
• As a result of masking the DUI plea and the non-factual finding that a motor vehicle was not involved in the possession charge, in violation of 49 C.F.R. 384.226, the Secretary of State’s office was not notified of either disposition and was prevented from reporting the dispositions to the Commercial Driver’s License Information System (CDLIS) driving record, revoking his driver’s license, disqualifying his CDL and requiring Mr. Sweeney to complete the Secretary of State’s administrative hearing process to restore driving privileges.
• Had the charges of his first DUI and possession of a controlled substance not been masked, his CDL would have been disqualified for life. Because the Secretary of State’s office did not receive proper notification, Mr. Sweeney can apply for reinstatement after his current legal process concludes and the one-year CDL disqualification will automatically terminate.
• Federal law clearly defines an example of masking as not reporting a DUI if the person completes probation or alcohol treatment. In this case, the court did not have the authority to enter into an agreement that dismissed a DUI upon successful completion of an alcohol treatment program or probation.
• the order allowing Mr. Sweeney to continue to drive across state lines and throughout the United States demonstrates a clear intent to avoid disqualifying his CDL in violation of 384.226.
• He should have been denied his ability to get behind the wheel – and would have – if the legal process was properly administered.