Driving on a Suspended or Revoked License

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Illinois Traffic Violations for Suspended or Revoked Driver’s License Holders

It is a privilege to operate a motor vehicle on publicly maintained roadways in Illinois. When you sign for your driver’s license, you are agreeing to abide by the laws of Illinois.  If you receive too many traffic violation convictions on your driving record or if you are arrested and convicted of any offense that leads to an automatic suspension or revocation of your driving privileges, you will need an experienced attorney to 1) protect your driving record from lengthy suspensions or revocations and 2) advise you how (and when) you can reinstated your driving privileges.

At Hall, Rustom & Fritz LLC, it is our goal to provide our clients with the highest quality legal advice available while remaining professional throughout the entirety of our clients’ cases.  In Illinois, many drivers lose the ability to drive due a DUI, too many traffic convictions, or failing to pay child support.  This will affect your ability to provide for yourself, your family, and it may affect your ability to maintain employment. Our legislators in Springfield are all far too eager to use your driving privileges as a way to make you comply with State law.

Remember, if they (our legislators) can suspend your driving privileges, they usually will.   It is our duty to answer our clients’ questions in a timely manner, make our clients’ court appearances quicker and less stressful, and advise our clients as to the law to the best of our ability.

Driving on a Suspended or Revoked Driver’s License

Illinois Statute:  625 ILCS 5/6-303

If you are ticketed or arrested for DWLS/R in Illinois, you should speak to an experienced traffic attorney that knows how to properly advise you through the process while protecting your freedom and future driving privileges.

If you are 21 years or older and you receive 3 or more moving violation convictions in a 12 month period, your driving privileges will be suspended for no less than 60 days, depending on the severity of the traffic violations.

Each time you pay your tickets “over the counter” at your local circuit clerk’s office, a conviction enters on your driving record and it is then reported to Springfield at the Secretary of State’s office (SOS).  After your 2nd conviction in a 12 month period, the SOS will send you a courtesy letter notifying you not to receive another conviction in a 12 month period.  You should heed their warning.  If you receive this letter, you should contact attorneys at Hall, Rustom & Fritz LLC.  Our experienced traffic attorneys may be able to “undo” one of those previous convictions and renegotiate the case, potentially clearing one of those convictions from your record.  This is definitely worth it and is highly advisable.   Further, if one of those convictions is for a serious traffic offense, such as speeding 26 mph and above over the speed limit, your suspension period will likely be longer because more “points” will be assigned to your record.  The more serious the offense, the higher the points, the longer the suspension.

Penalties

As stated above, three convictions for traffic violations within a 12-month period can result in the revocation or suspension of your driving privilege. How long this revocation or suspension lasts depends on the number of points you have accumulated against your license.

First-Time Suspension

If you have not had your license suspended or revoked for the past seven years, these penalties apply:

  • 0 to 14 points―no action
  • 15 to 44 points―2-month suspension
  • 45 to 74 points―3-month suspension
  • 75 to 89 points―6-month suspension
  • 90 to 99 points―9-month suspension
  • 100 to 109 points―12-month suspension
  • 110 or more points―12-month revocation

Repeat Offenders

If your license has been suspended or revoked in the past seven years, the penalties this time around are harsher:

  • 0 to 14 points―no action
  • 15 to 44 points―4-month suspension
  • 45 to 74 points―6-month suspension
  • 75 to 109 points―12-month suspension
  • 110 or more points―12-month revocation

If you are 20 years of age or younger, and you receive 2 moving violation convictions in a 24 month period, your driving privileges will be suspended for no less than 3 months, depending on the severity of the traffic violations. If you are convicted of DWLS/R, your suspension or reinstatement period will be extended by the amount of time you were originally suspended/revoked.

Example:  If you have a suspension for a violation of underage drinking and you receive court supervision when you plead guilty for that offense, your driving privileges will be suspended for 3 months (on your first offense).  If you subsequently drive during your suspension and the police arrest you for it and you are ultimately convicted of DWLS, your suspension will be extended for an additional 3 months, leading to a 6 month total suspension.

DWLS/R is a Class A Misdemeanor

On your first offense this is punishable by up to 364 days in jail or 2 years probation and a maximum $2500 fine.

Example:  If you are arrested for DWLS/R, if you appear in court unrepresented, the judge will instruct you this is a “jailable” offense.  If you are indigent (poor), the judge will “screen” you to see if you qualify for the public defender.  While public defenders are good, capable attorneys, their case load is usually triple that of private attorneys.  A private attorney will likely give more attention to your individual case because his/her case load isn’t as large.

If the judge says you are not qualified for the public defender to represent you (you make too much money or have too many assets), the judge will likely set your case over for an attorney appearance.  It is during this time you should think strongly in favor of hiring private counsel.

If it is your first time being arrested for DWLS/R, and your underlying suspension/revocation is non-DUI related, then prosecutors may be inclined to offer to settle your case with a non-conviction (court supervision).  This is akin to an acquittal according to appellate courts in Illinois. This type of deal is the best option short of a dismissal by the prosecution; however, you are not guaranteed to be offered court supervision. That is why it is in your best interests to consult an experienced traffic attorney to represent you and make sure you are advised throughout the entire process.

Example:  Any person convicted of a third or subsequent violation of DWLS/R, when the underlying suspension/revocation is for a non-DUI related offense, shall serve a minimum term of imprisonment of 30 days or 300 hours of community service, as determined by the court.  625 ILCS 5/6-303 (d-1).

Simply put:  If this is your 3rd or subsequent violation, it’s either 300 public service hours or 30 actual days in jail.

Suspended or Revoked for DUI

If you are suspended or revoked for DUI, most prosecutors request you be sentenced to jail time – even on your first offense.

Example:  If you are arrested for DWLS/R and your underlying suspension/revocation is due to a DUI suspension or revocation, most prosecutors ask for 20 days in jail (day for day credit so you’ll serve 10 actual days in jail), and they ask the judge to convict you thereby extending your suspension or revocation on your driving record.  You will need an experienced traffic attorney to advise you throughout the process.

If it is your 2nd offense for DWLS/R and your underlying suspension/revocation is due to a DUI suspension or revocation, it is a FELONY ELIGIBLE offense and you could be a convicted felon at the end of the case.  It is VERY important you hire an attorney to protect you if you are charged with this offense and it is your 2nd violation. 625 ILCS 5/6-303(d)

If it is your 3rd or subsequent offense for DWLS/R and your underlying suspension/revocation is due to DUI suspension or revocation, it is a FELONY ELIGIBLE offense (Class 4) with a mandatory minimum of 30 actual days in jail and a conviction to enter on your driving record as well as a felony conviction entering on your criminal record.  625 ILCS 5/6-303 (d-2).

Contact a Lawyer Today

Call the lawyers at Hall, Rustom & Fritz LLC to get legal representation if you are arrested for DUI in Illinois so we can protect your interests. We’re here to help you in your time of need. Contact us today and schedule a free case evaluation.  You will receive experienced, hard-working, no-nonsense, affordable Peoria area CDL lawyers for your case.   Hall, Rustom & Fritz LLC – Concentrating in protecting our CDL clients.