License Revocation at Discretion of the Court

 Posted on November 28, 2018 in License Suspension

Most moving violations do not end up with the driver being sentenced to a license revocation. In fact, even when serious bodily injury has occurred, the driver is typically allowed to drive that very same day so long as they are not seriously injured. However, in some circumstances, a court may revoke a driver’s license without a hearing, as per Illinois statute 625 ILCS 5/6-206 Discretionary authority to suspend or revoke license or permit; right to a hearing.

If a driver’s behavior falls under one of 48 different categories, they may lose their license immediately, and without a hearing, if the court believes that is the best course of action to keep other road users safe. These specific behaviors and actions include, but are not limited to, the following:

• The driver committed an offense that requires license or permit revocation upon conviction;
• The driver has been convicted of three or more moving traffic violations in any 12 month period;
• The driver has repeatedly been involved in motor vehicle collisions, or has repeatedly been convicted of traffic offenses to a degree that indicates lack of ability to exercise ordinary and reasonable care, or disrespect for traffic laws and the safety of other people;
• While driving illegally, the driver caused bodily injury to another road user;
• The driver utilized a fake driver’s license;
• The driver refused to submit to an examination or failed an examination under Section 620-7;
• The driver used false statements or submitted false facts in order to gain a driver’s license;
• The driver possessed, displayed, or attempted to display a driver’s license that was not their own;
• The driver operated a motor vehicle on a state highway with an invalid driver’s license;
• The driver fled the scene of a crash in which $1,000 or more in property damage occurred;
• The driver, while driving, was found to be possessing an illegal controlled substance on their person or in their vehicle; and
• The driver refused to submit to a breath test or their blood alcohol content was found to be 0.08 or higher while driving a motor vehicle.

At Least Seven Million People Across the Country Have Lost Their License Due to Debt

Statistics show that at least seven million Americans have had their licenses revoked or suspended simply because they failed to pay their traffic fine debts. The total number is likely much higher than seven million, and here in Illinois a driver’s license can be revoked for repeatedly getting traffic citations to the “degree that indicates . . . disrespect for the traffic laws. Opponents of these types of laws believe that they overly penalize the poor—those who cannot afford to pay their parking and speeding tickets.

Call a Rolling Meadows License Revocation Attorney

If your driver’s license has been revoked or suspended, or you are facing another moving violation that will put you over the top in terms of points on your license, you need to call a Cook County criminal defense lawyer. Call skilled Cook County criminal defense attorney Christopher M. Cosley today at 847-394-3200 for a free consultation.

Sources:

https://www.washingtonpost.com/local/public-safety/more-than-7-million-people-may-have-lost-drivers-licenses-because-of-traffic-debt/19/97678c08-5785-11e8-b656-a5f8c2a9295d_story.html?utm_term=.b3c9b1b08b8a

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-206