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Archive for the ‘license revocation’ tag

License Revocation at Discretion of the Court

November 28th, 2018 at 2:35 pm

IDMost 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/2018/05/19/97678c08-5785-11e8-b656-a5f8c2a9295d_story.html?utm_term=.b3c9b1b08b8a

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

Changes to Illinois Traffic Safety Laws in 2016

January 27th, 2016 at 11:07 am

Illinois defense attorney, Illinois traffic offense lawyer, Illinois DUI attorney, Many new traffic safety laws became effective on January 1, 2016, and Illinois drivers need to be aware of what changes have taken place so that they are not caught off guard by law enforcement if they happen to violate one of the new laws without knowing. Of particular importance to the typical Illinois driver are the changes to some traffic offenses and DUI laws. A synopsis of all of the changes that take effect in 2016 can be found on the Cyber Drive Illinois website.

Changes to Traffic Offenses

  • Aggravated speeding can be charged whenever a driver speeds past a school bus or through a construction site going more than 26 miles per hour over the posted speed limit, pursuant to HB 1453 PA 99-0212;
  • If a driver is involved in an accident that causes the death of another, the Secretary of State will revoke the driving privileges of the individual responsible for the death. Revocation is effective 90 days after the revocation notification is mailed, pursuant to HB 3670 PA 99-0297;
  • Pursuant to HB 4074 PA 99-0300, when an Illinois resident has had a license revocation in another state for more than 10 years, he or she may apply for an Illinois driver’s license, if all of the requirements for reinstatement are satisfied; and
  • Temporary stop signs put into place be the Illinois Department of Transportation must be treated as permanent stop signs in accordance with SB 1388 PA 99-0124.

Changes to DUI Laws

  • After serving a five year revocation of their driver’s license, individuals who have been convicted of four or more DUIs will now be eligible to request an Illinois Restricted Driving Permit for the Illinois Secretary of State’s Office, pursuant to HB 1446 PA 99-1446. As a condition of approval of the request for the Restricted Driving Permit, the driver’s vehicle must be equipped with a breath alcohol ignition interlock device for the remainder of the individual’s driving lifetime;
  • Individuals who would like to have their driver’s license reinstated after being convicted for a second or subsequent DUI charge must obtain a Restricted Driving Permit and have an breath alcohol ignition interlock device installed in their vehicle for a period of five years before seeking the reinstatement of their driver’s license, pursuant to HB 3533 PA 99-0297; and
  • Pursuant to SB 0627 PA 99-0040, those arrested for DUI are now encouraged to sign the “Warning to Motorist” document that is read to these individual’s upon arrest. Refusal to sign the warning will be noted by law enforcement on the bottom of the document.

Call the Law Offices of Christopher M. Cosley

The above identified changes to traffic and DUI laws took effect January 1, 2016. If you have been charged with a DUI or a traffic offense and you are being charged under one of the above new laws, you should contact a skilled Rolling Meadows criminal lawyer immediately. Our attorneys are prepared to provide you with a consultation and assist you with your case.

 

Source:

http://www.cyberdriveillinois.com/newlaws16.pdf

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

Drive Sober or Get Pulled Over Campaign in Full Swing in Illinois

October 5th, 2015 at 12:34 pm

Illinois dui attorney, Illinois defense lawyer, Illinois criminal attorney,As fall arrives, Illinois law enforcement, through the partnership efforts of the Illinois Department of Transportation and the National Highway Traffic Safety Administration, have been actively and aggressively implementing the Drive Sober or Get Pulled Over traffic safety campaign, a campaign designed to improve awareness and crack down on drunk and drugged driving on Illinois roadways, according to one report. The central theme of the Drive Sober or Get Pulled Over campaign is that drunk driving is preventable, and as such one of the main objectives of the campaign is to raise awareness of this fact.

During the time period between August 24th and Labor Day on September 7th, Illinois law enforcement was out in force, with more officers patrolling the roadways and exercising a zero tolerance policy when it comes to drunk or drugged drivers on the road. There was also an increase in the number of traffic safety checks and officers focused on issuing tickets for seat belt law violators without exception under the Click It or Ticket campaign.

Drunk Driving Is Illegal, and a Moment of Poor Judgement Can Be Trouble

Under 625 ILCS 5/11-501, a person is considered too intoxicated to operate a motor vehicle if their blood alcohol concentration is 0.08 percent or higher. Yet many Illinois drivers still drink and drive. There are a number of reasons for this:

  • Some people are normally prudent and safe drivers, but exercise momentary poor judgement during festivities;
  • Some people do not normally drink, but have a few alcoholic beverages during a celebration with friends, and it is too much for them and it impairs their driving more than they expected; and/or
  • Some people drive themselves to a party or barbecue, have a few drinks not realizing how intoxicated they are, and do not have a designated driver to take them home afterwards.

Many people who are pulled over and charged with a DUI are first-time offenders. They are normally great drivers, but have exercised poor judgment and got caught behind the wheel when they were too impaired to drive. Sometimes they were driving because they completely believed that they were sober enough to drive. Even if you are operating your vehicle in a safe and responsible way, if you get caught and your chemical test results show that you are over the legal limit, you will face DUI charges.

It is important to fight the DUI charges that are pending against you. A DUI conviction means that you will be facing time in court, jail time, hefty fines, loss of driver’s license, alcohol and drug educational classes, and a criminal record.

Call the Law Offices of Christopher M. Cosley

With Illinois law enforcement so aggressively looking for drunk drivers, there will be an increase in the number of people who are charged with DUI. If you are facing DUI charges, please contact a skilled Rolling Meadows DUI attorney immediately. Call the Law Offices of Christopher M. Cosley at (847) 394-3200 for a consultation on your case.

 

Sources:

http://patch.com/illinois/naperville/naperville-police-ramping-efforts-nab-drunk-drivers-0

http://www.buckleupillinois.org/default.html

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

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