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Archive for the ‘drivers license suspension’ tag

What Offenses Can Lead to Driver’s License Suspension in Illinois?

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.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh.+7+Art.+VII&ActID=1815&ChapterID=49&SeqStart=104300000&SeqEnd=105800000

When Can a Summary Suspension Be Rescinded?

January 4th, 2016 at 2:58 pm

Ililnios drunk driving lawyer, Illinois defense attorney, Illinois criminal lawyerWhen an individual is arrested for driving under the influence of drugs or alcohol and refuses to submit to chemical testing or submits to a chemical test that reveals a blood alcohol concentration of 0.08 or higher, that individual will be subjected to a statutory summary suspension of his or her driving privileges under Illinois law. This can be a terrible situation for an individual who needs to be able to drive. If you have been subjected to a statutory summary suspension of your driver’s license in Illinois, you need to consult with a criminal defense attorney to see if there is any way for your suspension to be rescinded.

Summary suspensions can be rescinded (meaning taken back or canceled) for a number of reasons, if a petition to rescind is filed within 90 days of the service of the notice of summary suspension. A skilled DUI defense attorney can identify any potential reasons why your summary suspension should be rescinded and can help you file your petition within the statute of limitations for a rescission.

Procedural Failings

There can be a number of errors, shortcomings or failings in terms of the procedure surrounding your summary suspension that could be a grounds for rescission of your suspension. For instance:

  • No hearing, no summary suspension. You are entitled to a hearing on your summary suspension within 30 days of your rescission petition filing. If your hearing is not conducted within the 30 days, your hearing has not been timely provided to you, and thus the suspension cannot stand and must be rescinded.
  • When requests to admit and requests to produce go unfulfilled. The state prosecutes you in a criminal DUI case, and that means that the state is required to participate with you by answering any requests you might put forth, such as a request to admit or a request to produce evidence during discovery. When the state does not cooperate, it is a grounds for rescission of your summary suspension.
  • Pleadings are deficient.  Pleadings are required to contain certain elements, and must comply with certain legal requirements. When pleadings are incomplete, improper, or inconsistent with logic or chronology, they may be deficient, which warrants rescission of your summary suspension.

Violations of Your Rights

Rescission of summary suspension can be warranted if your rights were violated or denied. For example:

  • Service of the notice of summary suspension is improper. You are entitled to service of the notice of your summary suspension, and if service is not proper you are being denied of your rights. This is a grounds for rescission.
  • Denied your choice of chemical test. In Illinois, individuals are not provided the right to choose what kind of chemical testing they will be subjected to after being arrested for a DUI, but if the arresting officer offers you a choice, and then later denies you the testing method you selected, it can be a grounds for rescinding your summary suspension.
  • Denied your right to an attorney. When facing criminal charges, you always have a right to consult with an attorney. Although you are not entitled to an attorney prior to being arrested, if you are permitted by law enforcement to consult with a lawyer, and then law enforcement tries to have you submit to chemical testing, it can be grounds for rescission of your summary suspension.
  • Fourth Amendment violations. You are provided certain rights concerning search and seizure and a violation of those rights by law enforcement officials is a grounds for a suspension to be rescinded.

Reach Out to Us Today for Help

There are many reasons why your summary suspension for a DUI can be rescinded, and an experienced DUI criminal defense attorney who is familiar with Illinois case law will be able to identify any potential reasons why your summary suspension should be rescinded. Please contact a reputable Rolling Meadows DUI attorney immediately by calling (847) 394-3200. We are happy to assist you today.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501.1

New Law Could Let People With Four DUI Convictions Get Restricted Driving Privileges

November 17th, 2015 at 2:48 pm

Illinois drunk driving attorney, Illinois defense attorney, Illinois criminal lawyer,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:

  1. That he or she has experienced a minimum of three years of uninterrupted sobriety from drugs, alcohol, or both; and
  2. 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.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

http://www.ilga.gov/legislation/publicacts/99/099-0290.htm

What is Statutory Summary Suspension in Illinois?

October 7th, 2013 at 8:30 am

Illinois Statutory Summary SuspensionA 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.

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