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The content below is intended to answer some basic questions regarding driving while license suspended (DWLS) and driving while license revoked (DWLR). For a more complete explanation of your rights, please call Scott Sheen or one of his associate attorneys for a free telephone or office consultation.
CRIMINAL CHARGES
- DWLS/DWLR is usually charged as a Class A misdemeanor, which carries a penalty of up to 364 days in the county jail and/or a fine up to $2,500. DWLR can be charged as a felony.*
- You are entitled to a trial by jury or a trial before a judge without a jury. But you are not required to go to trial. We may be able to beat your case prior to trial.* you may enter into a negotiated plea with the prosecutor or enter a “blind” plea before the court.
BASIS FOR SUSPENSION
You must know the status of your license.
- You cannot legally drive if your license is suspended or revoked, unless you obtain a permit from the Secretary of State. There are many basis for suspension. Many people have more than one basis of suspension. You must clear each basis of suspension and pay a reinstatement fee to get your license reinstated. We have listed the most common basis of suspension.
- You should obtain a copy of your driving record from the Secretary of State to determine the basis of your suspension. It is called an Abstract for Court Purposes.
- 2 or 3 or More Moving Violations
Three or more moving violations within 12 months* or 2 if you are under 21 within 24 months. To get reinstated:
- File motion to vacate one of your convictions and return to court to clear the conviction.*
- Pay reinstatement fee and wait out suspension period. You may obtain a temporary driving permit from the Secretary of State, which may require completion of a traffic safety class.
Pay off the tickets, show the Secretary of State proof of payment and pay the reinstatement fee.
- Failure To Appear In Court
Go to the county where the ticket was pending (a) file a motion to vacate and return to court to request supervision (preferred method)* or (b) pay the ticket, show proof of payment to the Secretary of State and pay the reinstatement fee.
Pay off the ticket at the clerk’s office where case is pending, show proof of payment to the Secretary of State and pay the reinstatement fee.
Pay all out of state tickets (usually by mail), show proof of payment to the Secretary of State and pay the reinstatement fee. To get information about out of state tickets, call the Secretary of State at 217-785-8619.
Fix the emission problem, get the vehicle retested and pass; or show proof of sale or transfer of title to the vehicle; and pay the reinstatement fee.
- Accident Based Suspensions
You will remain suspended until you take one of the following actions:
- Contest your case at the Secretary of State through a hearing and win.*
- Pay the damages by lump sum payment or through an installment plan with the insurance company or lawyer and purchase Safety Responsibility Insurance (SR 22).
- File bankruptcy.*
- File a satisfaction and release of judgment.*
To obtain information about an accident call the Illinois Department of Transportation at 217-782-4516.
To contest your suspension, you must file a petition with the Secretary of State.* to obtain a driving permit, you must apply at the Secretary of State and you may have to complete an evaluation and class.* you must pay a reinstatement fee to the Secretary of State.
NO INSURANCE TICKET
If you plead guilty to a no insurance ticket the Secretary of State suspends your license for three or six months.
PLEAD GUILTY TO ALCOHOL CONSUMPTION OR POSSESSION OF ALCOHOL
As of January 1, 2008, the Secretary of State shall suspend the license of minors below the age of 21 for three or six months upon a plea of guilty.
ILLEGAL TRANSPORT OF ALCOHOL
The Secretary of State upon a conviction for illegal transportation of alcohol will suspend the license of minor’s below the age of 21 for one year.
POSSESSION OF FALSE IDENTIFICATION
If you have been caught using a false ID or are caught providing one to someone below the age of 21 the Secretary of State may suspend your license for one year.
SENTENCING FOR NON-DUI/ ALCOHOL BASED DWLS/DWLR
If you plead guilty or are found guilty of a non-DUI based DWLS/DWLR, some of the most common sentences are as follows:
- Conditional Discharge/Probation
Results in a conviction on your driving record and may result in an extension of your suspension or revocation.
- Supervision*
This is the preferred result. Supervision can last for up to 2 years. If you successfully complete all terms of your supervision, your case will be terminated without a conviction (most important) on your driving record. Please be advised that on August 10, 2001, the Illinois Legislature amended the Illinois Vehicle Code by changing 625 ILCS 5/6-303 requiring community service for multiple offenses.
SENTENCING FOR DUI BASED DWLS/DWLR
Mandatory minimum sentences* apply to violations for DUI based DWLS/DWLR cases.
- If the offense occurs while a revocation or suspension is in effect because of a DUI violation, leaving the scene of an accident involving personal injury or death, or reckless homicide, for the first violation, the offender must receive a minimum sentence of 10 days in jail or 30 days community service.
- A Second violation now carries a minimum sentence of 30 days in jail or 300 hours of community service.
- For a third violation, the mandatory minimum sentence is 30 days in jail.
- For a fourth violation, the mandatory minimum sentence is 180 days imprisonment.
- Felony enhancement is a possibility on your first offense if you have been caught driving during a DUI based Statutory Summary Suspension.
REINSTATEMENT PROCEDURE
We can review your driving record to help determine the best cause of action to reinstate your license, but you must call first.
- By Mail. On those suspensions that you do not need a formal hearing, you can mail your reinstatement fee to the Secretary of State, Drivers Services Department, 2701 South Dirksen Parkway, Springfield, Illinois 62723.
- In Person. You may pay your reinstatement fee in person at selected Secretary of State offices. Call the closest Secretary of State office nearest your for details.
*Important restrictions and conditions may apply. Please call for more information.
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