Archive for the ‘license suspension’ tag
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.
December 23rd, 2015 at 4:54 pm
Law enforcement in Illinois takes driving under the influence of alcohol very seriously. Police regularly conduct DUI checkpoints, and pull over drivers who are suspected of operating a vehicle while under the influence. Before making an arrest, officers generally will ask a suspected drunk driver to participate in field sobriety testing, in accordance with 625 ILCS 5/11-501.2(a-5).
What Are the Standard Field Sobriety Tests in Illinois?
Many people have heard of field sobriety tests, but are not clear on what these tests are or what they entail until they are faced with them while pulled over on the side of the road. The standard field sobriety tests (FST) were developed by the National Highway Traffic Safety Administration (NHTSA) and consist of three tests designed to present indicators of intoxication of an individual. The tests include:
- The One Leg Stand. Under this test, a suspect is required to stand on one leg, raising one foot off the ground six inches and must maintain his or her balance for a full 30 seconds;
- The Walk-and-Turn. A suspect is instructed to execute the test according to the officer’s instructions exactly. The instructions require the suspect to walk nine steps forward in a heel-to-toe fashion in a straight line, turn around on one leg, and walk nine steps backwards; and
- The Horizontal Gaze Nystagmus. When a person is under the influence of alcohol, they may exhibit involuntary jerky eye movements, or the inability to smoothly visually track an object.
These tests assess physiological responses to alcohol, such as slow movement, poor sense of balance and poor memory function, to determine whether a driver might be intoxicated.
How Accurate Are These Tests?
One might wonder how accurate FSTs can be when people have medical conditions, are panicked by being pulled over by law enforcement, or have other legitimate reasons for not being able to perform the FSTs perfectly. Research conducted for the NHTSA on just how accurate these tests are at determining whether a suspect is under the influence reveals that:
- The one leg stand test is accurate about 83 percent of the time;
- The walk-and-turn test is only accurate 79 percent of the time; and
- The horizontal gaze nystagmus test is accurate 88 percent of the time.
Field sobriety tests are voluntary, and you can refuse to participate in them. While there are consequences of not submitting to FSTs, it can be helpful if you are later charged since you will not have those tests as evidence against you. Failing one of these tests often gives the officer probable cause to make an arrest.
Let Our Attorneys Help You
Being arrested for a DUI is serious business. If you are facing DUI charges, you refused to submit to field sobriety testing, or you refused to submit to a breathalyzer or some other chemical testing to determine your blood alcohol concentration, you will need to consult with an experienced DUI criminal defense attorney. Your lawyer can discuss what options are available to you. Please contact a dedicated Rolling Meadows DUI attorney immediately at the Law Offices of Christopher M. Cosley. You can reach us at (847) 394-3200 today.
November 19th, 2015 at 3:27 pm
One of the most exciting things about becoming a young adult is that teens can obtain driving privileges. Starting as early as age 15, teens can apply for a driver’s permit, and can work their way up through the graduated driver’s license program offered by the Illinois Department of Motor Vehicles. After the permit phase is complete, or when a teen reaches the age of 16, teens aged 16-17 can enter the initial licensing phase, and once a teen turns 18, he or she can enter the full licensing phase. So long as teens comply with the rules set forth concerning the permit phase and/or the initial licensing phase, they can keep happily driving wherever they want to go.
Traffic Violations Impact Teens’ Ability to Drive
However, receiving a citation for a driving offense can impact or endanger a teen’s driving privileges. Juvenile traffic offenses, such as the following, may endanger the privilege of driving:
- Receiving a moving violation conviction while in the permit phase of the graduated license program means that a teen driver will have to wait an extra nine months before he or she can apply for the initial licensing phase.
- Similarly, getting caught driving without a permit will leave a teen ineligible for a driver’s license until the age of 18.
- Permit holder teens driving in violation of the nighttime driving restrictions, codified by 625 ILCS 5/6-107(b), can result in a suspension of a teen’s driving privileges.
- While a driver is under the age of 21, if the young driver gets two driving offense convictions within a 24 month period then under 625 ILCS 5/6-206(a)(36) the young driver will end up with a suspension of his or her driver’s license.
- Any young driver whose driver’s license is suspended will have to pay a reinstatement fee of $70.
- When a teen goes to get his or her driver’s license, if there are any unresolved traffic citations, a driver’s license will not be issued.
Driving without a License
Driving without a license can land a teen in a lot of trouble. A teen is not permitted to drive without a valid license in Illinois, which means that if the teen does not have one, or it is suspended or revoked, he or she is not supposed to operate a vehicle. Even if the teen has a valid license, but he or she just does not have it with him or her at the time the teen is pulled over by law enforcement, he or she can be cited for driving without a driver’s license.
If a teen is caught driving without a license, if he or she is not able to prove that he or she does in fact hold a valid license, the teen will be subject to a license suspension. What this means is that the teen’s ability to apply for a driver’s license in the future is suspended for a period of time. Even if the teen has never held a driver’s license to begin with, his or her ability to apply for one would be suspended. Driving without a license can result in a Class B misdemeanor, while driving with a suspended or revoked license is a Class A misdemeanor.
Call the Law Offices of Christopher M. Cosley
If you are a teen or have a teen who has gotten a traffic violation which could impact his or her driving privileges, please do not hesitate to contact an experienced Rolling Meadows juvenile matters lawyer immediately. Call the Law Offices of Christopher M. Cosley. Our phone number is (847) 394-3200.
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.
September 9th, 2015 at 9:01 pm
A driving while under the influence of drugs or alcohol charge in Illinois is serious business. Not only does a DUI conviction carry serious penalties, it also carries hefty financial consequences. The consequences for a DUI conviction are laid out in 625 ILCS 5/11-501(c)(1)-(5), which include jail time, fines and mandatory community service. There is also the unfortunate chance that getting a DUI conviction will result in the development of a poor reputation amongst peers and colleagues.
The total true cost for a DUI depends on a lot of factors, such as whether the DUI is a first-time offense, whether there was any property damage as a result of the DUI (as would be the case of a drunk driving collision), whether anyone was hurt as a result of the DUI, and how intoxicated the driver is at the time of the DUI.
A DUI is an immensely expensive and the costs add up quickly. For instance, you will have to pay:
- The DUI fines, which at the minimum comes to $1,500;
- Court costs;
- For mandatory remedial substance abuse educational classes, and the corresponding counseling fees;
- For any alcohol and drug screening;
- To get your vehicle out of impound, if applicable;
- The cost of posting bail, if applicable;
- Fees to get your driver’s license reinstated, which include a restoration fee, a fee for a new driver’s license, and a hearing fee;
- Insurance premiums after a DUI conviction; and
- Installation of an ignition interlock device, and the monthly rental rate for the device, in addition to maintenance and regular calibration costs.
The Cost of Lost Opportunities
In addition to the out-of-pocket costs associated with a DUI, there will also be the cost of lost opportunities. For instance, you might experience:
- Job loss. People who have a job that requires them to drive as part of their job functions often lose their job after a DUI conviction;
- Loss of future employment opportunities. A DUI on your record in Illinois is permanent, and having this type of conviction on your criminal record might make it impossible for you to get certain types of work in the future;
- Unpaid time off from work/missed school. You will most likely miss time at work or school due to the mandatory classes, court appearances, jail time, and community service obligations associated with a DUI conviction; and
- Loss of driver’s license. A DUI conviction will cost you your driver’s license for a period of up to one year. This means that you will have to rely on others and public transportation in order to get around.
Call The Law Offices of Christopher M. Cosley
If you have been charged with a DUI in Illinois, it is important that you fight the charges that are pending against you. Feel free to contact an experienced Rolling Meadows criminal lawyer immediately. Contact the Law Offices of Christopher M. Cosley for a consultation on your case.
October 7th, 2013 at 8:30 am
A term frequently used to discuss driving under the influence (DUI) charges in the state of Illinois is that of statutory summary suspension. According to the 2013 Illinois DUI Fact Book, if the you have received your first DUI or you’re not sure what the term means, educating yourself about the process can be helpful in moving forward in your DUI case. The best way to prepare for your DUI case in court is to hire the services of a talented criminal law attorney.
A statutory summary could apply in your situation if you refused to take or failed to complete chemical testing. Chemical testing is used to determine the level of alcohol in an individual’s blood, and failing refers to a Blood Alcohol Content (BAC) of .08 or higher at the time of testing.
The suspensions of driving privileges are automatic and they go into effect on the 46th day following the date of a suspension notice. It is important to remember that statutory summary suspensions doesn’t replace any criminal penalties that might be associated with the DUI. If you would like to challenge the arrest, you can request a judicial hearing to initiate that process, but this request doesn’t stop the suspension from going into effect on the appropriate day.
The terms of the suspension depend on your circumstances at the time. Failing chemical testing on your first offense leads to suspension of driving privileges for six months whereas your second or further offense within five years leads to suspension for a period of 1 year with no driving relief opportunities. If you refuse to submit to the chemical testing on your first offense, you can have your driving privileges suspended for 12 months. On your second or subsequent offense, you can have your driving privileges suspended for three years with no opportunity for driving relief. The circumstances of your situation and arrest are critical for understanding your consequences. Speak to an experienced Illinois DUI attorney today to discuss the details of your case.