Driving While License Suspended or Revoked

Attorney and DWLS/R

Talking with an attorney who concentrates in traffic laws in Illinois is the best way to determine your options, and understand what crucial step you may need to take to protect your license. You should consult with an experienced attorney who concentrates on driving while license suspended or revoked. The loss of a license has effects that are traumatic to Defendants and their families. Those who are arrested need a professional who understands in DWLS/R cases to maximize their outcome and protect their rights.

Criminal Cases

  • 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 $2,500.00. 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.

Common Basis for Suspensions

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/revocation. Many people have more than one basis of suspension or revocation. You must clear each basis of suspension or revocation and possibly a Secretary of State hearing 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.
  • 2-3 or more moving violation convictions cause suspension.

A person will be suspended or revoked if they receive three or more convictions within 12 months. If they are above 21 years old. A person below 21 years old will be suspended if you receive two convictions within 24 months.

How to get valid:

  1. File a Motion to Vacate one of your convictions and return to court to clear the conviction.
  2. 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.
  3. Secretary of State hearing for permit of reinstatement.

Unpaid Parking tickets
Pay off the tickets, file proof at the Secretary of State of payment and pay the reinstatement fee.

Failure to Appear in Court
Go to the county where the ticket was pending:

  1. File a motion to vacate and return to court to request supervision (preferred method)* or;
  2. Pay the ticket, show proof of payment to the Secretary of State and pay the reinstatement fee.

Unpaid Fines
Pay off the ticket at the clerk’s office where case is pending, file proof of payment to the Secretary of State and pay the reinstatement fee.

Out of State Tickets
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.

Emissions
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:

  1. Contest your case at the Secretary of State through a hearing and win.*
  2. Pay the damages by lump sum payment to the insurance company and file a release and satisfaction with the Secretary and purchase Safety Responsibility Insurance (SR22).
  3. Enter into a payment plan with the insurance company and file it with the Secretary of State and file proof of SR22 insurance.
  4. File bankruptcy.*

To obtain information about an accident call the Illinois Department of Transportation at 217-782-4516.