Traffic

Wednesday, February 24, 2016

When Driving While License Suspended/Revoked is a Serious Offense

The authority for the State of Illinois to charge someone with driving on a suspended or revoked license can be found in section 625 ILCS 5/6-303.  It's hard to believe that a crime as simple as driving on a suspended license has morphed into such a voluminous statute.  The statute is approximately 7 pages long when printed.  The law is inundated with numerous mandatory minimum penalties depending on how many prior offenses you have had and the reason for your current suspension.  If you are charged with driving on a suspended or revoked license the degree of trouble you are in largely depends on why your license was suspended and how many prior offenses you have had.  For example, if you were suspended due to a DUI and you get caught driving on a suspended license the consequences can be severe.  However, if you are suspended due to 3 moving violations within a 12 month period of time your punishment for your first offense may seem trivial. 

It's always a good idea to order a Court purposes driving abstract from an Illinois Secretary of State facility.  The abstract discloses everything you need to know about your driving history and you may find that you are able to clear up your driver's license suspension prior to your Court date.  In my experience judges and prosecutors are far more likely to adhere to a lenient sentence and in some cases a dismissal when you go to Court with a valid license in hand.


Tuesday, November 3, 2015

The consequences of 2 moving violation convictions within 24 months when the motorist is under 21.

In my office it is an extremely common occurrence for a parent to contact me with the unfortunate news that his son has a suspended driver's license.  Often times a teen motorist who is cited for speeding or a red light violation elects to pay the ticket through the mail or over the internet without researching the consequences of his actions.  Section 625 ILCS 5/6-206(a)(36) of the Illinois vehicle code vests the Secretary of State's Office with the authority to suspend the driver's license of a motorist who is under 21 and has obtained 2 moving violation convictions within a 24 month period of time.  The good news is that most of the time this is a problem that can be fixed.

When a client comes to me with such a problem the first thing I do is identify which Courthouse(s) that the convictions originated from and how old they are.  So long as there are only 2 convictions the hold on the client's driver's license can be lifted by motioning one of the convictions up before a Judge and requesting that the conviction be vacated.  Most Judges are sympathetic to this situation and are often receptive to such a reasonable request.  If the Judge elects to vacate one of the convictions notice must be sent to the Illinois Secretary of State's Office.  When the Secretary of State receives notification that the motorist now only has 1 conviction in the past 24 months as opposed to 2, section 625 ILCS 5/6-206(a)(36) will no longer be applicable and the hold on the motorist's license resulting from the 2 convictions is lifted.




Law Office of Jason B. Stevens, P.C. has offices in Arlington Heights, IL and serves clients throughout the Chicago area, including: Cook, Lake, DuPage, McHenry, Kane and Will counties.



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