Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney
TRAFFIC DEFENSE LAWYER IN ROCKFORD
What To Do When You Have Been Charged With A Traffic Offense
Almost everyone at some point or another will break a traffic law. Whether it be running a stop sign, parking illegally, or speeding, there are many different types of driving infractions with which you could be charged. Most of these are fairly minor and won't warrant anything more than a fine and possibly some points being added to your license. If enough points end up being added or depending on the circumstances of your infraction you could be looking at more serious charges or even the suspension of your license. If you or a loved one has been charged with a traffic offense, it is worth it to consult with an experienced Illinois criminal defense attorney near you. At the
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Common Reasons For License Suspension/Revocations To Occur
There are a myriad of reasons an Illinois driver’s license may become suspended. Typically after a suspension period is over a driver will need to pay a reinstatement fee to regain their driver’s license. Additional fines and costs may also be due, depending on the reason for the suspension. Below is a list of common reasons for license suspensions in Illinois:
- Moving violation: accumulating 3 or more traffic violations within a 12 month rolling calendar period
- Ten or more unpaid parking tickets
- Failure to pay court ordered child support. Under the Illinois Dead Beats Don’t Drive Act, a family court has authority to suspend a parent’s driver’s license when they become delinquent in their child support payments.
- Being found at-fault for a car accident and not having car insurance at that time
- DUI: Following an arrest for DUI a driver’s license may be suspended for up to a year. An individual who receives a conviction for a DUI will have their license revoked and need to go through a hearing process to obtain your license. A license revocation is different than a license suspension. When your license to drive is revoked, you lose your driving privileges for an indefinite period of time and must have a hearing to reinstate your privileges.
- Nighttime driving violations: these violations only apply to drivers under the age of 18. Local ordinances may differ, but generally in Illinois a minor is not allowed to drive Sunday through Thursday from 10pm to 6am, or Friday and Saturday between the hours of 11pm and 6am.
- Drivers aged 16 to 20 who accumulated two or more moving violation convictions within a 24 month period.
- Those under the age of 21 who are convicted of or accept court supervision due to an alcohol related offense, regardless of whether a vehicle was involved.
Driving with a Suspended or Revoked License
There are penalties associated with driving with a suspended license which will be contingent on why the license has been suspended such as for multiple moving violations, failure to pay child support, etc. These will also depend on how many priors you have and are broke down below. Also, if your license is suspended, conviction of driving with a suspended license will result in an additional suspension period equal to the last suspension period. For example, of your license was under suspension for six months at the time of the new offense, upon conviction your license will be suspended for an additional six months. If your license was revoked at the time of the offense, you will not be eligible to apply for license reinstatement for an additional 1 year period.
1st time: Class A misdemeanor punishable by up to a year in jail, usually results in court supervision meaning your license will not be resuspended as a result of the offense.
2nd time: Class A misdemeanor punishable by up to a year in jail, usually court supervision is not on the table and the offense results in a conviction, 100 hours of public service work is also mandated.
3rd time or more: Class A misdemeanor punishable by up to a year in jail, again not usually eligible for court supervision, 300 hours of public service work or 30 days in jail will be mandated with the conviction.
If you have priors and cause an accident that resulted in personal injury or death you may be charged with a Class 4 felony. Conviction for this offense may result in a prison sentence of 1 to 3 years, or a term of probation of up to 30 months.
Driving with a License Suspended or Revoked for Reckless Homicide
The penalties for being found guilty of driving with a suspended or revoked license due to reckless homicide are as follows:
- 1st time: Class 4 felony with a mandatory sentence of 30 days in jail or 300 hours of public service work, potential prison term of 1 to 3 years or a term of probation up to 30 months, and a 3 year license revocation
- 2nd time: Class 2 felony with a mandatory prison term of 3 to 7 years, and a 5 year license revocation
- 3rd time: Class 1 felony with a mandatory prison term of 4 to 15 years, and your license is revoked for life
- 4th or more: Class 1 felony with an extended prison term of up to 4 to 30 years
If you have been charged with driving without a license for any reason it is important to speak with a qualified traffic violation attorney near you. They will be able to look at your case for mitigating circumstances, and will fight for you.
Formal Hearing Requirements For Traffic Violation Charges in Illinois
After an accident involving a fatality or multiple DUI convictions you will be required to schedule a formal hearing with the Secretary of State in order to apply for reinstatement of your driving privileges. A formal hearing can only be requested by mail, along with payment of $50 (cash not accepted). After the Secretary of State receives your request, they will mail you a Notice of Hearing with the time, date and location. You will need to bring photo identification, which may include a driver’s license, state identification card, or passport. If you do not have a photo ID you must bring your Notice of Hearing and either your Social Security card, voter registration card, or credit card.
You will receive the results of your hearing by mail within 90 days after your hearing date. You may be eligible for a restricted driving permit, which allows an individual to drive to and from work, for medical purposes, to obtain alcohol and/or drug rehabilitative services, to drop children off at school or daycare, or to take care of an elderly individual. The other potential outcomes are a denial of reinstatement or full reinstatement of your driving privileges.
Ways To Stop A Driver's License Suspension
There are numerous ways to stop a license suspension in the state of Illinois. Below are some common methods of doing so:
- You may be able to petition the court to vacate a finding of guilt on an old traffic case that caused the suspension. Generally this must be done within 24 months after the guilty finding. If the judge grants the petition to vacate you may be able to reverse the suspension.
- If the suspension is for failure to pay child support, you may be able to work out a payment plan with the Illinois State Disbursement Unit (the agency that oversees child support compliance) and have the suspension lifted.
- If your license was suspended due to an outstanding civil judgement you may be able to work out a payment plan that lifts the suspension.
- If the suspension is based on a finding of guilt for a no insurance ticket, you may be able to have the case reopened and have the charge amended to a different offense that does not result in a license suspension, or the sentence itself may be amended to achieve this result.
Don't Let A Traffic Charge Ruin Your Life, We Can Help
If you live in your near Rockford, IL and you or a loved one is faced with a serious traffic violation charge whether it be driving without a license, DUI, or something else, it pays to at least discuss your case with an experienced criminal defense attorney. They will go over all the details of the case and determine the best course of action for you.
Contact attorney Brendan W. Caver for a free consultation at (815) 714-9508 or by email, to discuss your case today.
Brendan Will Answer Your Questions
Trust your reputation and livelihood to someone who tries cases and knows the law. Act now to get ahead of any accusations against you. For answers to your specific questions, please call or text 815-714-9508 for your free consultation, 24 hours per day, 7 days per week.
