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Do Non-DUI Traffic Offenses Impact Someone’s Eligibility To Get Reinstated?


Non-DUI traffic offenses do impact someone’s eligibility to get their license reinstated. In terms of getting the licenses back, part of it is objective and part of it is subjective on the interviewer’s part. They can look and see that you have a 50 mile an hour speeding ticket and an open alcohol ticket and they are going to look at you as a much more reckless person. They are going to take into account your age and they’ll look at your driving record, including how many tickets you have had and what kinds of tickets they are. Getting parking tickets is not such a big deal. Toll violations are probably not such a big deal either. Reckless driving or drag racing, anything that indicates you are more of a liability on the road, they are going to look at you a lot longer and harder before they will consider any kind of even partial reinstatement. In Illinois, if you get a third DUI, you are revoked for life. You can never get a license again.

How Can You Lose Your License With An Open Alcohol Ticket?

In Illinois, if you get two tickets for open alcohol either as a driver or the passenger or you could be the driver and some passenger has it in your car, they will revoke your driver’s license for an entire year just like a DUI. A lot of people are unaware that if you are driving and your buddy is drinking in the back, you are putting yourself in grave danger of losing your license.

Who Presides Over The Driver’s License Reinstatement Hearing? Is It A Judge?

During a driver’s license reinstatement hearing, you are going to the Secretary of State in Illinois or you are going to the Department of Motor Vehicles in Wisconsin. You have already been in front of a judge if your license has been revoked. Reinstatement is not handled by the court. The court has no authority to order a Secretary of State to re-issue a license.

If An Out Of State Person Is Convicted Of DUI in Illinois, How Does It Impact Their License?

If an out of state person is convicted of DUI in Illinois, they have to follow the laws of whatever state you get the DUI in. In addition, they are going to send the DUI back to the state where your license has been issued. If you have a Wisconsin driver’s license and you get a DUI ticket in Illinois, you get court supervision with a breath device and you keep your license but then they are going to send it back to Wisconsin and Wisconsin can do whatever they want. Usually, they will honor the suspensions that Illinois gives and they might decide you need to have a breath device in your car as well. It’s different for each state but normally they are going to send it back to the address that’s on the ticket, and their regulating body, whether it’s the Secretary of State or the Department of Motor Vehicles, as well.

If Someone Is Rejected At The Reinstatement Hearing, How Long Before They Can Apply Again?

If someone is rejected at the reinstatement hearing, it will be six months before there will be another hearing. When you are at the hearing, it usually takes two or three months before you get the results.

Is It A Different Process The Second Time Around?

The process is not different the second time around. It’s like when you went and took the test for your driver’s license. If you flunk it, you can take it two more times before they can make you wait a certain period before you can take it again. If you miss your driver’s license test three times, then you have to wait six months. During your reinstatement hearing, if you are denied once then you have to wait six months before you can re-apply.

For more information on Impact Of Non-DUI Traffic Offenses, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.

Barry Boches, Esq.

Get your questions answered - call me for your free phone consultation (847) 244-4636.

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