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Archive for the ‘loss of driving privileges’ 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

Juvenile Traffic Offenses Can Lead to Loss of License

November 19th, 2015 at 3:27 pm

Illinois juvenile crimes attorney, Illinois traffiv violations lawyer, Illinois defense attorney,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.

 

Source:

https://www.cyberdriveillinois.com/departments/drivers/teen_driver_safety/gdl.html

Driving without a License in Illinois

November 10th, 2015 at 2:20 pm

Illinois traffic offenses, Illinois defense attorney, Illinois driving statutes,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.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-101

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-303

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-303

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