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Archive for the ‘suspended license’ tag

Driver’s License Reinstatement Hearing

February 28th, 2019 at 6:00 pm

licenseA driver’s license suspension can happen for a number of reasons. Perhaps you were charged with a DUI, or had too many points on your license. Whatever the reason, now you want your license back. And to get it back, you will need to attend a driver’s license reinstatement hearing.

These hearings are held at the Secretary of State Formal Hearing Offices, and the process can be intimidating. Lawyers are present to represent the Secretary of State, and whether or not you can start driving again all depends on the outcome. For your best chance at success, below are some tips to follow that can help.

Bring All Supporting Documents

Your hearing will end before it has even begun if you do not have all the necessary documents. An attorney for the Secretary of State will ask for them before the hearing even starts. A license reinstatement lawyer can advise on the specific documents you will need for your case, but the most common are:

  • Updated uniform report or evaluations;
  • Proof of risk education;
  • Letters of abstinence;
  • Letters of support/character letters; and
  • Documentation from a licensed facility.

It is also important to keep in mind that many petitioners still get turned away at this point, even if they have all the documents they need. This is because you are required to bring the original documents, not photocopies.

Dress Appropriately

What you wear to court may seem like a minor thing. However, the judge at the hearing will be making their decision based on their overall impression of you, and that includes how you present yourself. It is important to dress in a way that reflects that you understand the severity of the hearing and that you also respect the court. Dress pants, dress shoes, and button-down collared shirts or blouses are typically seen in court.

Have Representation

The best way to ensure success at your reinstatement hearing is to retain an attorney familiar with the Illinois Secretary of State Reinstatement Hearings. An attorney will be able to go over all the documentation to ensure it is what the court needs. They will find any inaccuracies or inconsistencies within the paperwork and clarify any information the judge may not look kindly on.

An attorney will also prepare an outline of the trial. They will inform you what types of questions will be asked, and may even have a mock hearing to give you a real feel for what to expect. This also allows you to become more familiar with the process so when you are asked certain questions, you know how to respond. The process will include an in-depth interrogation from the Secretary of State hearing officer that could include up to 100 questions. This is why it is so important to remember that in these cases especially, practice makes perfect.

Contact a License Reinstatement Lawyer in Rolling Meadows To Help Get You Back on the Road

If your license has been suspended and you have an upcoming formal hearing, do not try to handle it on your own. There is too much at stake and even forgetting just one document can delay your case for many more months. Instead, speak to a skilled Rolling Meadows license reinstatement attorney that can help. To give yourself the best chance of success at a formal hearing, contact the Law Offices of Christopher M. Cosley at 847-394-3200 today. We will review your case and help you prepare testimony that leaves no doubt as to whether or not you are trustworthy to drive again. We offer free consultations, so call today.

 

Source:

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

 

Petty Traffic Offenses & Misdemeanors

July 3rd, 2017 at 7:00 am

petty traffic offenses, Rolling Meadows traffic violations defense lawyer, moving violations, Class C misdemeanor, suspended licenseIt is not uncommon for people to treat moving violations as inconsequential or somehow beneath notice, therefore paying the requested fine quickly and proceeding on their merry way. However, many will then receive a rude awakening as their driving privileges are affected, especially if they have a history of multiple speeding tickets or other moving violations. Therefore, it is important for Illinois drivers to be aware of the potentially punitive consequences that may result if too many tickets or citations are incurred.

Classification Differences

The significant majority of traffic offenses are characterized as either petty or as misdemeanors under Illinois law. Petty offenses are punishable with merely a fine, usually no more than $1,000, though there are always exceptions depending on the egregious nature of the conduct. Examples include driving without auto insurance and failing to wear a seat belt while driving or riding in an automobile. While a petty offense is still something to take seriously, it is the lightest type of offense that can appear on one’s record, and is the classification for which it is most likely to receive supervision or probation as a sentence instead of a particularly heavy fine.

Misdemeanors, comparatively, are more serious and may carry jail time as part or all of the sentence handed down at conviction—there are three classes of misdemeanor, A through C, with A being the most severe.

An example of a Class C misdemeanor would be drag racing, while a Class A misdemeanor would be driving without a license or on a suspended license. Class A misdemeanors are held to be more likely to injure participants or bystanders, as well as to possess an exaggerated degree of recklessness or negligence compared to petty offenses.

Misdemeanor traffic offenses may sometimes receive a sentence of court supervision, but it is decidedly less common than with those convicted of petty offenses.

Minor Offenses Can Add Up

While the relative consequences for petty and misdemeanor traffic offenses are much less significant than those associated with felonies, this does not mean that minor traffic offenses may simply be ignored, or paid and forgotten. For example, if an Illinois driver accrues three moving violations (whether petty or misdemeanor offenses) in one 12-month span, it results in an automatic, mandatory license suspension. That suspension will expire on a specific calendar date, but only if the driver’s record has been clean for that period of time.

It is also possible to receive a license suspension over failure to pay fines associated with petty offenses and misdemeanors of any class. If a driver fails to pay the costs associated with five or more automatic traffic violations, then his or her license will be automatically suspended in much the same manner as it would be with multiple moving violations on one’s record. The driver will not be able to reinstate his or her license without presenting proof that any remaining fines or penalties have been paid, and any attempt to drive without reinstating his or her license may result in a re-suspension (as driving on a suspended license is in itself a suspendable offense).

Consult a Knowledgeable Illinois Criminal Defense Attorney

Because traffic offenses are seen as such relatively inconsequential affairs, it can be a momentous shock when your license is suspended over the amount of these minor offenses. Consulting an attorney with experience in such matters can greatly ease one’s mind, or at least articulate exactly what one faces in the near future.

The dedicated Rolling Meadows traffic violations defense lawyer at The Law Offices of Christopher M. Cosley is well versed in this specific area of law, and is happy to try and assist you with your case. Contact the office today to set up an initial consultation.

Source:

http://www.ilga.gov/legislation/ilcs/documents/062500050K12-603.1.htm

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