Why Are Driving Licenses Generally Suspended In Illinois?
Why driving licenses are considered a suspension in Illinois, the first reasons that come to mind are having too many tickets. If you have three tickets within a one-year period, you are going to get a discretionary suspension for a certain period. If you are under twenty-one, you can only receive two tickets, and then you could be suspended for not showing up in court. Even for one traffic ticket, if you fail to show up in court, it will be sent to the secretary of state as a failure to appear, and then your license will not be reinstated until you have cleared this issue. You can be suspended for not having insurance, a traffic accident, or you can be suspended as part of a DUI case, which is called the Statutory Summary Suspension; this has very serious ramifications to it.
Revocations are even more serious than suspensions, because suspensions only mean that they are reinstate-able by a fine, a hearing, or both. A revocation means that there is no way you are going to get it back until you have a full formal hearing with the secretary of state, which can be very expensive, time-consuming, and very difficult. Revocation is much worse than a suspension even though the penalties are the same in the statute. They start as misdemeanors, go up to felonies, and they can go up to non-probation able felonies. Therefore, depending on how many you receive, and what they are for, they have a wide range of possible penalties.
What Are The Most Common Type Of Suspensions In Illinois?
There are so many suspensions in Illinois. A failure to appear is very common, because some people just forget or they blow it off, they think no big deal, but when they go for their license, and they find out there is a suspension on their record, and they cannot get their license back until they clear this matter up. Those are very common. Anybody that gets a DUI is going to get a suspension; there are many DUIs given in our state. Suspensions for not having your insurance, there are plenty of those too. If you have a financial responsibility suspension, and your plates are suspended because of this and you get a ticket for driving while suspended, or financial responsibility reason, meaning your registration is not up to date, that is a minimum of $1,000 ticket, not to mention that you can still get up to a year in jail. Therefore, there are some pretty steep penalties involved.
Driving while a license is suspended at all is up to a year in jail and a $2,500 fine. But some of them carry mandatory minimum sentences, some do not. It just depends on what you are being pulled over for, and why your license is already suspended in the first place.
If Someone Has Had Their License Suspended Due To DUI And They Are Found Driving, Is It Typically A Harsher Charge?
If your license is already suspended due to a DUI, and you are pulled over, I can guarantee your sentence is going to be harsh. The driving license suspension for a DUI should be a statutory summary suspension. I am not talking about the revocation if you have a conviction. This suspension comes into play within forty-six days after you are pulled over. You need to remember in those hearings, if the suspension goes into effect, the burden is on the person getting the ticket. You need to show you had no reason to be suspended, which is quite unlike normal cases. In normal cases, because the proof is beyond a reasonable doubt for criminal cases, then the state has to make the proof. Then in a DUI suspension, since having your license is a privilege, not a right, the defendant has the burden to show that there was no reason to give you a suspension to begin with.
If they do not come forward and say, “Look, there was no reason to give it to me”, then the state wins. On the statutory summary suspension, if you get a conviction, it is a minimum of ten days in jail, or 240 hours of public service. It does not matter if you are driving to 7-Eleven for diapers, or medicine for grandma, if you get pulled over for that, it is an automatic ten days in jail. If you receive a conviction, they can forfeit your vehicle. You can lose your car, and never get it back. Therefore, that is probably the hardest penalty out there for a first time suspension.
If you have a good attorney, and he knows what he is doing, some do not, there is a good chance your attorney would be able to work out a way to get you supervision on that statutory summary suspension, and therefore the automatic rules of ten days in jail, or 300 hours of public service, do not apply. The forfeiture usually would not go through without a conviction. It could be separate, but I have never seen where they give you supervision on one and forfeit your car on the other. Nevertheless, that is the most abhorrent one that I know of.
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