At the end of the suspension, your license can be reinstated simply by paying a reinstatement fee, so long as in the interim you have not been convicted for driving during your DUI suspension or had another suspension or revocation placed on your driving record. A revocation is indefinite — it has no automatic reinstatement date. The reinstatement hearing process can be long and arduous.
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Driving while suspended or revoked for a DUI is a serious matter. You may also be faced with forfeiture of the vehicle you were driving. Depending on your background, the prosecution can seek to charge you with a felony and seek penitentiary time. Driving during an MDDP eligible DUI suspension is a Class 4 felony, punishable from 1 to 3 years in the state penitentiary and you will face a mandatory minimum sentence of 30 days in jail for a first offense.
The penalties are higher for subsequent offenses.
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If you have a statutory summary suspension, you need to hire a qualified DUI attorney immediately. This suspension can only be challenged through the filing, within 90 days of your arrest, of a Petition to Rescind Statutory Summary Suspension. Do not delay. Attorney Harold Wallin is proud to report that he has won well over rescissions of statutory summary suspensions for his clients, through a variety of methods.
Wallin to discuss filing a petition for a reinstatement hearing with the Secretary of State. Entering Canada with a DUI on your background. Home About What Will Happen? Success Stories Read our success stories to see how we have completed cases that could relate to your outcome.
A police officer issuing a citation must mark one of two boxes that are printed on every traffic ticket: "Court Appearance Required" or "No Court Appearance Required. If you choose to plead not guilty, your ticket should include detailed information about how to notify the appropriate court of your intention to do so if it is required. Whether you are required to appear in court for your traffic offense or choose to do so to contest the violation, you should always follow certain decorum, which includes arriving to court on time and dressing in a manner that shows respect for the court.
The judge who hears your case will begin by explaining your individual rights in a traffic case and will also outline how the court call will proceed.
Although your case may proceed to trial at your first court appearance in some circumstances, typically the only thing that will occur at this initial hearing is your official plea of guilty or not guilty. You may choose to resolve your case by having your attorney speak with the prosecutor about a potential plea bargain.
If you then decide to enter a negotiated plea of guilty before your case is called at your first appearance, you should inform the judge of your negotiated plea when your case is called. If you decide to contest the violation s by pleading not guilty, your case will then proceed to a trial. Most traffic cases are conducted as a "bench trial" where a judge alone hears and decides the case based on the facts presented. However, you have the right to a trial by jury when accused of any traffic offense regardless of its severity, and thus you may assert this right if you so choose.
Each person testifying—including you, the arresting officer, and any witnesses—will be asked to take an oath and tell the truth about what occurred. After the arresting officer and any other prosecution witnesses testify, you and any of your witnesses will be asked to testify. The prosecution has the burden of proving its case against you.
In the case of a violation of a municipal ordinance such as speeding on local roads, that burden is "by a preponderance of the evidence," which means that it is more likely than not that you committed the offense. For all other traffic violations of state law, the prosecution's burden is the heavier one of "beyond a reasonable doubt.
If you are found guilty of committing a petty traffic offense, the judge will issue a sentence that may include a fine and court costs, attendance at an approved Traffic Safety School under an order of supervision, or a conviction on your driving record.
If you are found guilty of committing a more serious traffic violation, the judge will issue a sentence that may include a fine and court costs, attendance at an approved Traffic Safety School under an order of supervision, conditional discharge or probation if eligible, a specified number of hours of community service, jail time, or any combination thereof.
At the time of sentencing the court will set a date for the payment of all fines, costs, and administrative fees. A driver convicted of a DUI will have his or her driving privileges revoked indefinitely. Also, most drivers who are arrested for a DUI or who fail or refuse to submit to a chemical test e. This is known as a statutory summary suspension and usually takes effect forty six days after the driver receives a notice informing him or her of the summary suspension. A driver may file a petition to rescind a statutory summary suspension within ninety days after receiving the notice and if, after a judicial hearing, a judge rules in the driver's favor, the summary suspension will be rescinded.
If the suspension is not rescinded by a court, a person's driving privileges will be reinstated once the summary suspension period is over and a reinstatement fee has been paid. If his or her breath sample registers a BAC of.
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Additionally, the Secretary of State's office can download information from the BAIID every sixty days and if a violation is detected, additional penalties may result. If a person received a DUI or a statutory summary suspension within the last five years prior to his or her new DUI arrest, he or she faces a longer statutory summary suspension period, one year if the person tests above the legal limit or tests positive for an illegal substance and three years if the person refuses or fails to submit to chemical testing.
Additionally, this person is not eligible for driving relief through the MDDP program during the statutory summary suspension period of one or three years.
Offenders who have two or three DUI convictions, two statutory summary suspensions within the last ten years, or one DUI conviction in addition to one statutory summary suspension for a separate DUI arrest within the last ten years may obtain a Restricted Driving Permit RDP. For example, an RPD might allow an offender to drive to and from work or to and from the doctor for treatment appointments.
The offender must also attend a hearing at the Secretary of State's Department during which the offender's driving record is reviewed to ensure he or she will not threaten public safety if issued an RPD. In addition to having driving privileges revoked, penalties for a DUI conviction vary depending on particular circumstances such as the driver's age and BAC level, whether a child was in the car at the time of the violation, and whether the driver has any previous DUI convictions.
Drivers with a commercial driver's license CDL who are arrested for DUI are subject to additional penalties regarding their specialized licenses. Specifically, a driver's CDL will be disqualified for a year if a statutory summary suspension remains in effect or if there is a disposition of guilt to the DUI charge.
Note, a deferred disposition of court supervision to the DUI charge is still considered a conviction for purposes of a CDL and will result in the disqualification of CDL privileges. A second disqualification of CDL privileges results in a lifetime disqualification. Its purpose is to inform citizens of their legal rights and obligations. Consult your lawyer if you have questions about the application of the law in a particular case.
This pamphlet is prepared and published by the Illinois State Bar Association as a public service.
Every effort has been made to provide accurate information at the time of publication. For the most current information, please consult your lawyer. If you need a lawyer and do not have one, call Illinois Lawyer Finder at or online www. Skip to main content. Receiving a traffic ticket If you are stopped by a police officer for violating a traffic law and are issued a ticket, it must include the nature of the charge; the date, time and location of the alleged violation; and the statute or ordinance you are accused of violating.
In Illinois, most traffic charges are categorized as either "petty" or "misdemeanor" offenses. Misdemeanors are divided into three 3 classes, referred to as Class A, B, and C. Court procedures A police officer issuing a citation must mark one of two boxes that are printed on every traffic ticket: "Court Appearance Required" or "No Court Appearance Required. Your rights under Illinois law You have a right to an attorney.
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