Kane and DeKalb Counties, Ill. (ECWd) –
Part 1
This is a story of state actors failing the public, with tragic results.
One individual with a commercial driver’s license (“CDL”) was involved in three “accidents” or incidents within a four-year timeframe. The first should have resulted in a lifetime revocation of his CDL, but instead, this series of events likely contributed to the tragic death of a DeKalb County Deputy Sheriff.
Commercial Driver’s License holders operate under state and federal laws, especially when accidents, property damage, injury, or death are involved. This holds true even when a CDL holder is “off duty” and operating a passenger vehicle.
Some of these laws cover nontraffic felonies, disqualifying medication, DUI, and the federal anti-masking law (related to CDLs).
- Non traffic felonies – see the National Traffic Law Center publication
- DOT disqualifying medications – see the Acuity guide
- Federal anti-masking law – the law, CFR reference, national district attorney guide to masking of CDL records
The first “accident” or incident in Kane County:
- Prosecutor was Kane County State’s Attorney Jamie Mosser; Judge was Kane County Judge Lopiccolo
- In February of 2020, CDL license holder Nathan P. Sweeney was handed Kane County Grand Jury Indictments for the following: 1) Possession of a controlled substance, heroin, between 15 and 100 grams – 2) DUI drug for driving under the influence of drugs – 3) Improper lane usage-change lanes unsafely – Operate an uninsured motor vehicle.
- On April 23, 2020, there was an Agreed Order indicating that the “box indicating “A motor vehicle was involved in the commission of a felony” was checked in error when completing the Docusign paperwork. Clerk is not to notify the Secretary of State. Box is to be considered not checked.”
- On April 26, 2020, Sweeney pleaded Guilty to DUI (Class A Misdemeanor), Pleaded, and found Guilty of Unlawful possession of a controlled substance (Class 1 Felony). Judgment on the DUI was withheld and continued through Probation, if probation was successful then the State agreed to vacate Sweeney’s guilty plea.
- On December 21, 2022, the Court entered an Order and granted the withdrawal of the guilty plea, and also satisfactorily terminated his probation.
At this point, you might ask yourself “What’s the big deal?” – so what if some guy got a DUI and was caught with drugs. The story unfortunately does not stop here. We believe end results of this specific case violated federal laws against masking the driving and criminal records of a commercial driver’s license holder. These actions most likely contributed to more accidents and the death of a deputy sheriff at the hands of this CDL holder who should never have gotten behind the wheel again (see pages 4, 5, and 9) with his conviction of being under the influence of a controlled substance while operating a vehicle, and possession of the same.
The National Traffic Law Center published a quick reference guide further explaining how prosecutors, courts, and state license issuers are to treat CDL holders in the court system. The NTLC also published another document (starting on page 5) referencing the expanded definitions of the terms “conviction, masking, deferred judgment,” etc., as found in 49 CFR 383.5. According to NTLC references, the plea deal should have been reported to the Sec of State, the withholding of Judgment is prohibited for CDL holders, convictions involving under the influence of a controlled substance and committing a felony while operating a vehicle result in a revocation of a CDL.
From the Code of Federal Regulations:
The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CLP or CDL holder’s conviction for any violation, in any type of motor vehicle, of a State or local traffic control law (other than parking, vehicle weight, or vehicle defect violations) from appearing on the CDLIS driver record, whether the driver was convicted for an offense committed in the State where the driver is licensed or another State.
In part 2 we will discuss more accidents involving Sweeney and the implications of state actors failing to follow federal rules related to CDL holders
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