Chicago Criminal Lawyer Blog
A DUI, criminal offense or traffic ticket may suspend or revoke a person’s Illinois driver’s license. It is important to determine why the driver’s license has been suspended or revoked. Knowing this information is very important for a competent Chicago lawyer or Chicago attorney in preparing for court. The most common types of Illinois driver’s license suspensions include: failure to appear in court, driving without insurance, auto emission testing failures, and Statutory Summary Suspension for refusing or failing a breath test. If you have a suspended or revoked driver’s license, call a skilled Chicago attorney or Chicago lawyer that practices in Illinois driver’s license issues.
The Difference Between a Suspended Driver’s License and a Revoked Driver’s License
There is a difference between a suspension and a revocation. A suspension is a loss of driving privileges for a fixed period of time, while a revocation is a loss of driving privileges for an indefinite period of time. For additional information, call a Chicago lawyer or Chicago attorney that practices in driver’s license issues.
A suspension in Illinois is not usually more than a 12-month period. During that time, a person may apply for a Restricted Driving Permit (RDP) which will allow a person to drive, during a suspension, in certain areas and at certain times for employment, medical, child daycare or educational purposes when no other form of transportation is available. Certain suspensions may not allow for an RDP. When the suspension is for a specific length of time, a person may regain their driving privileges after their suspension has ended and they have paid a reinstatement fee. In other cases, an Illinois driver’s license will not be returned until a person meets a requirement of Illinois law. For example, if a license is suspended for outstanding parking tickets, the suspension is lifted when the parking ticket fees have been paid.
A driver with a revoked driver’s license may apply for an RDP but cannot apply for reinstatement until eligible. Usually after a minimum of one year. Unlike a suspension, driving privileges are not restored by paying a reinstatement fee. To regain driving privileges, a driver must meet certain legal and administrative requirements, such as a hearing to restore an Illinois driver’s license. Permanent revocation occurs after the fourth conviction for any combination of DUI, leaving the scene of a personal injury/fatal accident, or reckless homicide.
Penalties for Suspended and Revoked Driver’s Licenses
An Illinois driver can have their license suspended or revoked for a variety of misdemeanor traffic violations. Whether charged with single DUI or were convicted of multiple speeding offenses in a short time, a driver’s license will be suspended. These violations can carry jail time, fines, extended license suspension time based on the severity of the penalties, and can include revocation of the driver’s license.
Other penalties can include higher insurance rates or a drop in coverage altogether. A driver may need to attend classes and/or provide community service before regaining their Illinois license. More serious incidents may include the seizure or forfeiture of their vehicle.
Many judges and prosecutors consider the steps a driver has taken to restore his or her driving privileges in imposing a penalty. Experienced Chicago attorneys and Chicago lawyers who practice in traffic and criminal defense are aware of the things that the courts consider.