Illinois Driving While License Suspended
Charged With Driving on a Suspended or Revoked License?
There are many misconceptions about how and when a person can reinstate their driving privileges. I can offer you clear, frank advice. As a general rule, the quicker you get your license back, the better the outcome on your driving while license suspended case. Remember, you are presumed innocent. My goal with clients is to develop aggressive strategies to contest cases at trial and/or hearings and negotiations. I may be able to help minimize or avoid potential jail time, fines and/or criminal convictions. If you choose to plead guilty or are found guilty, I have negotiated and argued many favorable settlements for clients.
Experienced Driver’s License Reinstatement Lawyers
In Illinois, if you are arrested for driving under the influence or you refuse a sobriety test, you may face the temporary suspension of your driver’s license. If you are convicted of DUI, your license may be revoked for up to 10 years, or even life. Once a driver’s license is revoked there is no automatic reinstatement. To obtain reinstatement you must apply for an administrative hearing before the Illinois Secretary of State in order to regain your driving privileges.
Whether you are facing a suspension or revocation of your license, strong legal representation can guide you through this complex legal process and improve your chances of a favorable decision. The Law Offices of David Guy Stevens, LLC located in Aurora and Naperville, Illinois, has experience handling DUI-related driver’s license reinstatements.
If you are a truck driver, the Law Offices of David Guy Stevens, LLC can help you protect or restore your commercial driver’s license privileges. Commercial and professional drivers should contact the Law Offices of David Guy Stevens, LLC as soon as possible to discuss their case.
Requesting a Suspension Hearing
If you have been arrested and charged with a DUI, you must request a hearing to prevent your driver’s license from being suspended 46 days after your arrest. This petition for a hearing must be filed within a specific time period, and the grounds to contest the suspension are limited by law.
By helping you request the hearing and preparing you for what to expect, the Law Offices of David G. Stevens, LLC can help prevent your license from being suspended. In the case of a suspension, David Stevens can help you obtain a Monitoring Device Driving Permit if you are a statutory first offender.
Applying for a Reinstatement Hearing
After you have been convicted for DUI, the Law Offices of David G. Stevens, LLC can help you apply for an administrative hearing before the Illinois Secretary of State to pursue reinstatement of your driver’s license. For the reinstatement of your driver’s license, you must prove to the Secretary of State’s office your commitment to safety and sobriety as an Illinois driver.
The Law Offices of David Guy Stevens, LLC will help you prepare for the types of questions that will be asked and provide sound legal counsel to strengthen your case.
In addition to its experience, the firm has relationships with DUI counselors and treatment providers to make sure you are on the right track. At times, the firm’s criminal trial lawyers have gone back into court on older cases to undue improper or unjust convictions.
Protecting Your Commercial Driver’s License
Even if you are driving your own vehicle at the time you are arrested for a DUI in Illinois, you may face harsh consequences regarding your commercial driver’s license (CDL). For a first offense, you may receive a one-year disqualification from commercial driving for simply refusing a breath test. If you are found guilty of a second DUI offense, you will be permanently disqualified from holding a commercial driver’s license. An aggressive, experienced lawyer is required to protect your rights and your driving privileges. The Law Offices of David G. Stevens, LLC in Aurora and Naperville, Illinois, can help.
If you hold a C.D.L. and are charged with a DUI or Aggravated DUI you should contact our office immediately. We can conduct our interview over the phone and begin our representation immediately.
The Law Offices of David G. Stevens, LLC handles all types of DUI-related cases involving commercial driver’s licenses, such as:
- Over weight cases
- Classification violations
- Reckless homicide where alcohol or drugs are not involvedM
Traffic Violations Attorney Serving DuPage, Kane, Kendall, DeKalb and Will County
Usually when you are given a citation for a traffic violation, there’s only a certain amount of time you have to pay for it, otherwise a warrant for your arrest could be issued and your driver’s license could be suspended. Most people go ahead and pay the fines for traffic tickets involving moving violations, or what is sometimes known as “strict liability” offenses, such as:
- Running a Red Light
- Reckless Driving
- Leaving the Scene of an Accident
- Fleeing and Eluding
- Driving without Car Insurance
- Parking in a Handicapped Zone
- Running a Stop Sign or Light
- Improper passing
- Improper Lane Usage or
- Driving with an Expired License Plate or Registration
Regardless of the type of traffic violations or the number of citations you have, it’s important that you understand your rights and contact a traffic violations attorney, who can help you reduce the fines and penalties on your driving record, and who can help to protect your driving privileges.
Experienced Traffic Violations Attorney Helping Illinois Drivers
The Law Offices of David Guy Stevens, LLC located in Aurora and Naperville, Illinois, diligently works to provide clients with strong criminal defense, no matter what types of charges have been brought against them. Whether you were arrested for driving under the influence of alcohol (DUI), or driving while intoxicated (DWI), you have the right to an attorney who will fight to defend you.
Traffic Violations could turn into serious felony offenses. You could lose your license, be required to do community service, spend time in jail, and have a felony conviction on your record. There’s no need to let what could be a minor traffic offense, turn into a major problem. Get the best defense you can find for your traffic violation situation.
Many offenses may result in the loss of your driving priviledges.
- Two moving violation convictions in a 24 month period if under the age of twenty one.
- Three moving violation convictions in a 12 month period if over the age of twenty one.
- Failure to pay tickets or appear in court.
- Failure to pay parking tickets of toll fees.
- Failure to pay child support
- Unlawful consumption of alcohol by a minor
- Improper passing a school bus.
- Speeding in a school zone.
- and many more
But the most common way is getting a conviction for driving an uninsured motor vehicle.
A driver is responsible for the vehicle they are driving even if it is not their own vehicle.
A driver can only receive court supervision once in a life time and it can only be a their first insurance charge. So even if you only received, what most people consider, a minor driving offense, it may still have dire consequences.
Call the Law Offices of David Guy Stevens, LLC for your free consultation on your traffic ticket(s) today.
Recent Case Law and News:
Driving While Suspended 3d Dist.
People v. Cummings, 2014 IL 115769 (March 20, 2014) Whiteside Co. (THEIS) Appellate court affirmed.
Police officer violated fourth amendment when, after stopping a van solely because it was registered to a woman with outstanding arrest warrant, he asked male driver for driver’s license. Unless an officer’s request for identification is related to the reason for the traffic stop, it impermissibly extends the stop and violates the fourth amendment. Officer lacked reasonable suspicion after he learned the defendant could not be the subject of the outstanding arrest warrant, his request for the Defendant’s license impermissibly prolonged the stop and violated the fourth amendment. (FREEMAN, KILBRIDE, KARMEIER, and BURKE, concurring.)
Probable Cause 3d Dist.
People v. Cummings2013 IL App (3d) 120128 (February 11, 2013) Whiteside Co. (LYTTON) Affirmed.
Defendant was charged with driving while license suspended. Officer testified that Defendant’s behavior did not give him any suspicions, other than possibility that driver was owner of vehicle with warrant out for her arrest. Once officer knew Defendant was not vehicle’s owner, there were no specific and articulable facts supporting probable cause. Court properly granted Defendant’s motion to suppress evidence. Officer requested Defendant’s driver’s license and proof of insurance after reasonable suspicion for the stop had dissipated, without first ending the seizure. By asking for license with no reasonable suspicion for continued detention, officer unreasonably prolonged the duration of the stop. (HOLDRIDGE, concurring; WRIGHT, dissenting.)
Search & Seizure 1st Dist.
People v. Brown, 2013 IL App (1st) 083158 (March 13, 2013) Cook Co., 3d Div. (PIERCE) Affirmed in part and reversed in part.
Officers exceeded scope of a Terry stop by searching Defendant. Although a protective pat-down for weapons may be performed in a Terry stop, a general search may not; and immediate handcuffing of Defendant once in custody eliminated need to frisk him for safety. Thus search was improper, and court properly granted motion to quash arrest and suppress. Because doorknobs and remote control recovered in search were suppressed, State had no concrete evidence that Defendant committed burglary, and it would be essentially impossible for State to convict him of burglary beyond a reasonable doubt. (NEVILLE and HYMAN, concurring.)
Search & Seizure 3d Dist.
People v. Hunter, 2013 IL App (3d) 110310 (February 8, 2013) Rock Island Co. (HOLDRIDGE) Affirmed.
In a traffic stop, a passenger who remains in the vehicle submits to the show of authority and seizure then occurs; however, a passenger who flees was not seized during traffic stop. Defendant’s unprovoked flight from traffic stop raised officers’ suspicion and justified their pursuit of Defendant. Defendant’s flight and discharge of firearm established probable cause for his arrest, and thus his eventual seizure and arrest were reasonable under Fourth Amendment. (McDADE and CARTER, concurring.)
Illinois Vehicle Code
People v. Elliott, No. 115308, 5th Dist.
This case presents question as to whether trial court could properly find defendant guilty of driving while on suspended license where trial court in different county subsequently entered rescission order that voided defendant’s summary suspension of his driver’s license ab initio. Appellate Court, in reversing defendant’s conviction, found that subsequent rescission order operated to retroactively annul whole period of defendant’s suspension, such that defendant could not be convicted of driving while on suspended license.
Driving While Revoked 2d Dist.
People v. Heritsch, 2012 IL App (2d) 090719 (June 28, 2012) Winnebago Co. (HUTCHINSON) Affirmed as modified; remanded.
(Court opinion corrected 7/3/12.) Defendant was convicted, after stipulated bench trial, of aggravated driving with revoked or suspended license (DWRL), and sentenced as Class X offender to six years imprisonment. State failed to prove aggravating factor that Defendant’s license had been revoked for violation of Section 11-501 of Vehicle Code. Trial court erred in rejecting, without explanation, Defendant’s argument that revocation in effect in 2008 was not for DUI but for 1991 drug offense, so Defendant was guilty only of Class A misdemeanor DWLR. Secretary of State’s 2001 formal administrative sanction of revocation for DUI had no effect because Secretary had never issued Defendant a new license after 1991 revocation. (McLAREN, concurring; BIRKETT, dissenting.)
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