Archive for the ‘License Suspension’ Category
March 22nd, 2017 at 7:59 am
After your driver’s license has been suspended, either for racking up too many points for traffic violations or getting a DUI, there can be many pressures to continue driving without a license. It may be difficult to find alternative transportation to your job or to school. Or, taking public transit may be a challenge. You may be concerned about asking your friends or family to drive you because you do not want to be an inconvenience. However, if the state has suspended your driver’s license and you choose to continue driving despite being legally stripped of your driving privileges, you can face serious consequences if you are caught by law enforcement.
Driving on a suspended driver’s license is a criminal offense in Illinois under 625 ILCS 5/6-303. The charges are usually a Class A misdemeanor, but you could possibly be charged with a felony under certain circumstances. Whether you are charged with a misdemeanor or a felony will depend on the reason why your driver’s license was suspended in the first place.
There Are Serious Consequences for Driving on a Suspended License
Driving on a suspended license is not a small offense like a traffic ticket. It is a criminal offense that could put you in jail and could saddle you with a large fine. It also means that you might be sentenced to do community service and you will have a criminal record. It is possible that it could also take even longer to get your driving privileges reinstated because the Secretary of State will extend your driver’s license suspension period if you are convicted of driving on a suspended driver’s license. There is also the chance that your license could be permanently revoked.
There are other consequences that go along with a driving on a suspended license conviction. For instance, if the offense was a felony level offense, it could prevent you from voting, getting certain jobs, running for political or governmental office, getting certain business licenses, and even owning a gun.
There are nuances in the law and certain rules and procedures that need to be followed as you try to get your driver’s license reinstated. An experienced license reinstatement attorney can be a huge help in making sure that you do not make any mistakes that could make your situation worse. Do not take a chance by not having legal representation. Contact a lawyer as soon as you can to help you handle this matter.
Speak with a Driver’s License Reinstatement Lawyer About Getting Your License Back
If you have had your driving privileges suspended by the state of Illinois, then you need to look into getting your driver’s license reinstated. An experienced Rolling Meadows criminal defense lawyer can help you get everything in order to your driver’s license back as soon as you possibly can.
January 9th, 2017 at 7:00 am
In Illinois, one of the most commonly imposed penalties for misdeeds is to suspend or revoke an individual’s driving privileges. There are countless ways in which you could lose your driver’s license in Illinois; therefore, understanding why your license could be suspended or revoked is important.
Refusal to Submit to Chemical Testing
Under Illinois’s Implied Consent Law, anyone who drives on the roadways in Illinois has given implied consent to submit to chemical testing in the event that he or she is suspected by law enforcement of driving under the influence of drugs or alcohol. However, Illinois drivers have the right to refuse chemical testing.
One consequence of refusing chemical testing is that your driver’s license will be suspended for at least six months. If you refuse to submit to chemical testing after being involved in an automobile accident where you are suspected of driving under the influence, your driving privileges will be revoked for at least one year.
Arrested for DUI or Contributing to a DUI
When a driver is arrested for driving under the influence of drugs or alcohol, where the driver’s blood alcohol content is 0.08 percent or more, then his or her driving privileges will be suspended for at least six months, or potentially longer depending on whether or not the driver refuses to submit to chemical testing (as discussed above), and whether the driver is a repeat offender.
Additionally, if you are found to have contributed to someone else driving under the influence, for example, you let a drunk person drive your car, you can then be charged with contributing to a DUI. In addition to potential jail time and a fine, another consequence for contributing to a DUI is that your driving privileges will be suspended.
Committing Driver’s License or ID Card Fraud
Suspension or revocation of a person’s driver’s license is one of the consequences associated with committing driver’s license or ID card fraud in Illinois. Any one of the following can lead to the suspension or revocation of a person’s driver’s license for no less than 12 months:
- Presenting false identification when trying to obtain a driver’s license or ID card in Illinois;
- Using a driver’s license or driving permit that has been unlawfully altered or that is fake;
- Applying your signature to a driver’s license or ID card application that you know contains false information;
- Using someone else’s driver’s license or ID card as if it were your own; or
- Permitting someone else to use your identification documents in order to apply for a driver’s license or ID card.
When You Need Your Driver’s License Back, Call Us
A driver’s license suspension or revocation is a punishment that is often tacked on as an additional penalty for many offenses. If your driver’s license has been suspended or revoked in Illinois, it is important that you work with a driver’s license reinstatement attorney to make sure that you do everything that you need to in order to get your driver’s license back as soon as possible. A passionate Rolling Meadows criminal defense lawyer can help.
December 26th, 2016 at 12:35 pm
Being able to drive in Illinois is a privilege, not a right. In order to drive in Illinois, individuals must obtain a driver’s license, and then must obey the rules of the road in order to keep their driver’s license. Committing traffic violations and criminal offenses can lead to the suspension or revocation of a person’s driver’s license. A driver’s license suspension means that your driving privileges are temporarily suspended for a period of time and/or until you pay a required fee. A driver’s license revocation is the termination of your driving privileges indefinitely with no guarantee that you can get them reinstated.
What Offenses Can Lead to a Driver’s License Suspension?
Having your driver’s license suspended can be a major inconvenience. Additionally, you may be required to pay a reinstatement fee in order to get the suspension removed from your driver’s license. There are certain requirements that must be satisfied in order to seek the reinstatement of your driver’s license, and an experienced driver’s license reinstatement lawyer can advise you on what you need to do.
There are a number of different offenses that can lead to a driver’s license suspension in Illinois. A few of the more common reasons that driver’s licenses are suspended in Illinois include:
- Suspension for failure to appear in court. When a driver is issued a traffic ticket and then the driver fails to appear for his or her scheduled court appearance, the judge is likely to enter a failure to appear suspension against the individual’s driver’s license.
- Suspension for parking violations. Having too many unpaid parking tickets can lead to your driver’s license being suspended. When an individual driver has 10 or more parking violations that have not been paid, a parking municipality may request that his or her license suspension be entered.
- Suspension due to automated traffic violation. When an individual driver has committed five or more automated traffic violations, a municipality may request that a driver’s license suspension be entered.
- Suspension due to a failure to pay tolls. If a driver has committed five or more tollway violations, or has evaded paying a toll five or more times, the Illinois State Toll Highway Authority may request that his or her driving privileges be suspended.
- Suspension for failure to pay child support. Under Illinois’ Family Financial Responsibility Law, a family court judge can enter a driver’s license suspension for a parent who fails to pay court-ordered child support.
Contact an Illinois Driver’s License Suspension or Revocation Lawyer
Loss of your driving privileges can be a headache for you. It can make day-to-day transportation a huge hassle and can be a burden on you, your family, and your friends. Luckily, driver’s license suspensions are temporary and it is possible to have your driver’s license reinstated. It can be immensely beneficial to have an experienced Rolling Meadows driver’s license suspension attorney by your side as you seek to reinstate your driving privileges in Illinois.
November 17th, 2015 at 2:48 pm
One of the consequences of being convicted for driving under the influence is that your driver’s license will be revoked. Under the current laws of Illinois, it is illegal to drive a motor vehicle while under the influence of drugs, alcohol, or a combination of both. Upon conviction, a person will lose their driver’s license; more specifically, the Secretary of State will revoke their driving privileges.
The revocation period depends on the number of prior offenses:
- For a first offense, license revocation is for a period of one year, and for those under the age of 21, revocation is for two years;
- For a second offense committed in a period of 20 years, license revocation is for a period of and years;
- For a third offense, license revocation is for a period of 10 years; and
- For a fourth any subsequent offenses, license revocation is for life.
Needless to say, being convicted of a DUI seriously impacts a person’s life by taking away their ability to drive.
New Law Changes Driver’s License Revocation for Fourth DUI Offense
A new state law, referred to as House Bill 1446 or Public Act 099-0290, will be taking effect on January 1, 2016 and will allow individuals in Illinois who have been convicted of four DUIs to be able to apply for a restricted driving permit after completing five years of their revocation period.
In order to be eligible for the restricted driving permit under the new law, the applicant must demonstrate by clear and convincing evidence:
- That he or she has experienced a minimum of three years of uninterrupted sobriety from drugs, alcohol, or both; and
- That he or she has successfully completed a rehabilitative program or activity recommended by a licensed service provider.
While it is always a good legal strategy to fight a DUI charge that is pending against you so that you are not convicted of the DUI, if you ultimately are convicted, it is also important that you pursue the options available to you to get your driver’s license reinstated as soon as possible.
Under the new law, four-time DUI convictions can become eligible for an administrative hearing to request reinstatement of their driving privileges from the Illinois Secretary of State. In the alternative, these individuals can seek to obtain a restricted driving permit, which can be obtained for the purpose of transporting either yourself or a family member for certain reasons or purposes, including getting to and from work, school, substance abuse rehabilitative services or programs, for obtaining medical care and attending doctor’s appointments, or for getting children to daycare.
Call the Law Offices of Christopher M. Cosley
Getting a first, second, third or subsequent DUI is a matter that can not be taken lightly. Your rights and your freedom are at stake. Consult with an experienced DUI criminal defense attorney about what options are available to you and whether you can get your driving privileges reinstated sooner rather than later. Please contact a skilled Rolling Meadows DUI attorney immediately. Call the Law Offices of Christopher M. Cosley at (847) 394-3200 for assistance.
November 10th, 2015 at 2:20 pm
If your driving privileges have been suspended or revoked, it can make commuting a challenging process. You have to rely on public transportation, your friends and family members, or walking or biking to get around. Life may become particularly difficult if you need a car to get to work or school. One solution to the problem, albeit ill-advised, is to risk getting caught and drive without a valid driver’s license. And many people choose to do this, despite the consequences.
A driver’s license is required in order to operate a motor vehicle in Illinois, under 625 ILCS 5/6-101. You cannot drive in Illinois if you have never obtained a driver’s license, or if your license is expired or cancelled. Additionally, driving when your driver’s license is suspended or revoked is prohibited under 625 ILCS 5/6-303. As a general rule:
- A first offense for driving without a license, or while your licenses is revoked or suspended, is a Class A misdemeanor; and
- A second or subsequent offense for driving when your license is suspended or revoked is a Class 4 felony; however, offenses can be upgraded in certain circumstances.
Loss of Driving Privileges Compounded
When your driver’s license is suspended or revoked for a first offense, and you violate another law that warrants an additional period of license revocation or suspension, the duration of the suspensions or revocations will be tacked on to one another. To say this differently, if your first license suspension is for six months, and during that six months you commit some other offense that carries the punishment of loss of license for one year, the one-year loss of license will be added to the end of your six-month punishment, for a total of 18 months without driving privileges.
When you are caught driving without a driver’s license because your license has been suspended or revoked, the duration of your license suspension or revocation will be doubled by the Secretary of State, in accordance with 625 ILCS 5/6-303(b-1).
Caught Driving without a License, but Have One
If you are were caught driving without a license, but you do in fact hold a valid license (perhaps you forgot it at home or it fell out of your pocket, etc.), you may receive a citation or a warning from the law enforcement officer that pulled you over, but you will have the opportunity to provide proof of your valid license at a later point in time. It is sometimes possible to have the consequences for driving without your license reduced, or even dismissed, if you can provide proof that you held a valid driver’s license at the time of your citation. An attorney with experience handling traffic offenses can help you.
Call the Law Offices of Christopher M. Cosley
If you have been charged with driving without a license, you need to hire an experienced traffic offenses lawyer immediately. Please contact a Rolling Meadows traffic offense attorney immediately. Call the Law Offices of Christopher M. Cosley at (847) 394-3200 to discuss your case with an experienced lawyer.
August 26th, 2015 at 7:43 am
When your driver’s license has been suspended or revoked, it can become a significant inconvenience for you. You cannot drive yourself places and may have to rely on others for help.
Some people think that they can drive on a suspended or revoked license, just so long as they do not get caught. However, doing so could, in fact, lead to significant penalties and lasting repercussions on the driver’s life.
Being Caught Driving with a Suspended or Revoked License
Illinois law 625 ILCS 5/6-303 prohibits an Illinois driver from operating a motor vehicle while his or her driver’s license is suspended or revoked. As such, drivers face a number of consequences when they are caught driving on a suspended or revoked license, and penalties for doing so vary based on why the driver’s license was suspended or revoked in the first place, and whether this is a first, second, third or subsequent offense.
As an initial matter, the length of the suspension/revocation is as follows:
- License suspension: The Illinois Secretary of State will extend the suspension of the driver’s license by an additional and equal period of suspension, i.e., the suspension will be doubled in total length; or
- License revocation: The Illinois Secretary of State will extend the period of revocation by one year from the date of conviction.
License Was Suspended or Revoked for a Moving Violation, Non-Aggravating Circumstance, or Non-Payment of a Fine
When license revocation or suspension is due to a moving violation, a non-aggravating circumstance, or non-payment of a fine, the driver will be charged with a Class A misdemeanor for a first, second, or subsequent offense, and may receive up to one year in jail. Second, third and subsequent offenses also require the driver to complete a community service requirement.
License Was Suspended or Revoked for Leaving the Scene of an Accident or a DUI
When license revocation or suspension is due to leaving the scene of an accident, or for a DUI, the driver will be charged with the following:
- First offense: Driver will be charged with a Class A misdemeanor, and if convicted, the driver will receive either a 10-day minimum jail sentence or 30 days of community service;
- Second offense: Driver will be charged with a Class 4 felony, and if convicted, the driver will receive either a 30-day minimum jail sentence or 300 hours of community service;
- Third offense: Driver will be charged with a Class 4 felony, and if convicted, the driver will receive a 30-day minimum jail sentence; or
- Subsequent offense: Driver will be charged with a Class 4 felony, and if convicted, the driver will receive a 180-day minimum jail sentence.
Reach Out to the Law Offices of Christopher M. Cosley
If your driver’s license has been suspended or revoked, you should do whatever is necessary to get it back as soon as possible. Do not hesitate to contact an experienced Rolling Meadows criminal defense lawyer immediately. Call the Law Offices of Christopher M. Cosley at (847) 394-3200 to discuss your case.