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Kane County CDL Lawyer

For Illinois drivers, a Class D license is for standard motor vehicles, and Class A, B, and C are considered a commercial driver’s license (CDL). While a license suspension can have a significant impact on regular drivers, it can put a CDL holder's livelihood at risk.

For CDL drivers who transport material goods and supplies across the country, a suspension of driving privileges means they cannot perform the duties of their job, and driver’s license reinstatement becomes imperative. 

Here are some answers to common CDL-related questions:

Can I Obtain a CLP with a Suspended License?

Illinois state law requires a valid Class D license to obtain a Commercial Learner’s Permit (CLP), which spans 180 days. Your regular license must be valid for that entire duration to earn a CLP. Therefore, if your base license is suspended before course completion, a CLP will not be issued.

Does One License Suspension Affect Another?

Truck drivers often wonder if they lose their commercial driver’s license, do they keep their base license, or vice-versa. As a commercial driver, you are held to a higher standard than other drivers on the road. Not only do you have more training and practice, you also typically have a significantly larger vehicle while on the job. Even if you are behind the wheel of your family car, receiving a DUI citation or other driving violation also affects your CDL. For example: If you lose your non-CDL license due to alcohol impairment while driving, you also lose your CDL for one year. If, however, only your CDL is suspended or revoked, under certain circumstances, you may apply to keep limited driving privileges for a private, non-commercial vehicle.

Ask a Kane County CDL Defense Attorney

If you are a CDL holder, and either of your licenses face suspension, you should speak with an Illinois CDL defense attorney as soon as possible. If you act fast, your lawyer might help prevent the suspension or achieve full reinstatement. The Law Offices of Brian J. Mirandola understand how necessary your license is for you and your family. We have more than 20 years of experience helping people get back on the road. Find out how we can help by calling our office today at 847-488-0889 to schedule your free initial consultation.

Sources:

https://www.drive-safely.net/illinois-drivers-license-classifications/

https://cyberdriveillinois.com/departments/drivers/drivers_license/CDL/cdl.htm

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Kane County driver's license reinstatement attorney

A formal Illinois driver’s license reinstatement hearing is a source of concern for many drivers who wish to regain their driving privileges after a serious offense. The days and weeks leading up to the hearing often reveal many uncertainties, like what to bring, what to wear, and the overall likelihood of success. 

Along with experienced legal representation, these tips can help ensure a positive outcome to your hearing:

Bring Necessary Supporting Documents

All documentation must be in the original format for a successful submission. Your hearing risks denial if the necessary forms are either photocopies or unavailable. One requirement is the drug and alcohol evaluation report, because it determines the risk category for which you qualify. The Secretary of State representative will also want to see other information supporting the claim that you will not be a threat to other drivers upon return of your driving privileges. Potential supporting documents include treatment documentation from a licensed facility and character letters.

Dress Appropriately

Although it may seem like a minor detail, what you wear to court can dramatically impact the result of your hearing. You never get a second chance to make a good first impression, much of which is formed by your physical appearance within seconds of introduction. Therefore, you should wear something that not only displays respect, but also indicates you understand the severity of your case. Minimally, the dress code is business casual, which includes:

  • Well-fitting dress pants in a neutral color, such as black, tan, grey, or navy.
  • A fitted button-down collared white shirt with a tie for males.
  • A blouse without a low neckline and that covers the belly-button for females.
  • Grooming that contributes to a professional appearance.
  • Close-toed dress shoes.
  • No hats or excessive jewelry.

Prepare With a Kane County Criminal Defense Lawyer

If you have an upcoming formal hearing, an Elgin driver’s license reinstatement attorney can help you develop and strengthen your argument. You can expect an in-depth interrogation from the Secretary of State hearing officer, which can include more than 100 questions, in addition to your testimony. At the Law Offices of Brian J. Mirandola, we can gather the necessary documents and prepare you for questioning, so you can answer the toughest questions with ease. We will help you create a testimony that leaves little doubt as to whether you are trustworthy behind the wheel. Call us today at 847-488-0889 to schedule your free personalized consultation.

Sources:

http://www.cyberdriveillinois.com/departments/administrative_hearings/home.html

http://www.cyberdriveillinois.com/departments/BAIID/reinstate.html

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Kane County License Reinstatement Attorney

One mistake can seriously impact not only an individual, but also the livelihood of their entire family. Illinois state law allows for driver’s license suspension or revocation for a wide variety of infractions, some of which have nothing to do with actual driving habits. Most people do not realize the importance of a valid driver’s license is until it is gone.

Reinstatement can be costly, which leaves many Illinois residents without driving privileges long after the suspension period ends. Find out how you can get your privileges back via the options below:

Pay the Required Fees

Most residents choose to wait out the required suspension or revocation period patiently. Once the designated term passes, a fee is due, along with other potential requirements. Current possible fees include:

  • Discretionary suspension: $70.
  • Family responsibility: $70.
  • Field sobriety suspension: $250.
  • Statutory summary suspension (first offense): $250.
  • Statutory summary suspension (repeat offense): $500.

Communicate With the Court

With more serious offenses, the amount due to reinstate a license can be in the thousands of dollars. This might be because of multiple offenses, unpaid tickets, or other events that contribute to an unpayable amount. 

There may be another option. Every judge and court is different, but in some situations, a reduction of fees is possible. Another possibility is the arrangement of a payment plan. This might include an additional interest charge or convenience fee, but the extra expense is often minor if it means the return of driving privileges. Lastly, some judges may work out a deal to exchange community service hours in place of payment.

Call a Kane County Criminal Defense Attorney

If you currently face the loss of your license, there are ways to avoid that and the subsequent reinstatement fee. An Elgin driver’s license reinstatement attorney can help find the best option for your situation. Everyone makes mistakes, and we believe one lapse in judgment should not affect the rest of your life. Attorney Brian J. Mirandola has more than 20 years of experience in criminal law, including seven as an assistant prosecutor, which gives him unique strategic insight. Let us help minimize the possible negative impact on your future. Call us today at 847-488-0889 to schedule a free consultation.

Sources:

http://www.cyberdriveillinois.com/departments/drivers/drivers_license/dlreinstatement.html

https://www.ilsos.gov/reinstatementfees/

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Kane County license reinstatement attorneyIn Illinois, driver’s licenses are issued and managed by the Office of the Secretary of State. The law gives the Secretary’s office to impose suspensions and revocations for offenses such as driving under the influence and refusing a blood-alcohol content (BAC) test incident to a DUI arrest. A suspension may apply in other situations as well, including the use of a fake ID, underage drinking, and failing to pay court-ordered child support. However, even the most seemingly basic traffic violations could result in the suspension of your license, depending on your driving history.

Moving Violations

The Illinois Vehicle Code, along with the Office of the Secretary of State, maintains a list of traffic offenses that are considered “moving violations.” The list includes most of the offenses you would expect, such as:

  • Speeding and aggravated speeding;
  • Disregarding traffic signals, i.e, running a red light;
  • Reckless driving;
  • Passing in a no-passing zone; and
  • Following too closely.

Others, however, may be a little surprising, including leaving the scene of accident, defective brakes, and improper towing of a vehicle.

The Illinois Points System

Each offense listed in the law is assigned a point value, based upon its severity. Many violations are further broken down to allow consideration for the degree to which the law was broken. For example, speeding at 10 mph above the posted limit is a five-point violation, while speeding at 30 mph or more above the posted limit is valued at 50 points. Reckless driving is among the most serious of moving violations and carries a point value of 55. Other 55-point violations include aggravated speeding in a school zone or a construction zone.

License Suspensions

Any Illinois driver age 21 or over who is convicted of three moving violations in a 12-month period will automatically have his or her driving privileges suspended. The length of the suspension will depend on the total number of accumulated points and any prior suspensions or revocations. Without a history of suspension, a driver can expect a suspension of:

  • Two months for 15-44 points;
  • Three months for 45-74 points;
  • Six months for 75-89 points;
  • Nine months for 90-99 points;
  • One year for 100-109 points; and
  • Revocation of driving privileges for 110 or more points.

A prior suspension or revocation in the past seven years will result in longer suspension periods.  Drivers under 21 are subject to suspension upon a second conviction in 24 months, and the points scale for the length of the suspension is adjusted accordingly.

If you are in danger of having your license suspended, or you need help getting your license back, contact an experienced Elgin driver’s license reinstatement attorney. Call 847-488-0889 to schedule a free, no-obligation consultation at The Law Offices of Brian J. Mirandola today.

 

Sources:

http://www.cyberdriveillinois.com/publications/pdf_publications/dsd_dc19.pdf

http://www.ilga.gov/commission/jcar/admincode/092/092010400000300R.html

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Kane County license reinstatement attorneysWhen you have been convicted on charges of driving under the influence of alcohol or drugs, there are a many considerations that could influence the severity of your sentence and your ability to drive again in the future. In most situations, the penalties for a DUI conviction will include the revocation of your driving privileges for at least one year for first-time offenders, with much longer revocations possible for repeat offenders. Once your driver’s license has been revoked, it is possible to get your license reinstated, but getting back on the road can be long, tough journey with many requirements with which you must comply.

DUI Evaluations

Before you can qualify for license reinstatement—or even for a restricted driving permit—you will be required to undergo an alcohol and drug evaluation with an approved, licensed provider. The purpose of the evaluation is to analyze your use or dependence on alcohol or drugs and to establish the risk—if any—you present to public safety. Your evaluation will include:

  • A review of your driving history;
  • Blood-alcohol content (BAC) test results;
  • A standardized Objective Test in the appropriate category; and
  • An interview with the evaluator.

The interview will focus on your past and present relationship with drugs and alcohol and how it relates to your driving record and abilities. Any responses that you give will be verified by a review of your driving history, test results, and, possibly, court records. If there are any discrepancies, you will need to reconcile them with the evaluator. Failure to do so will invalidate the evaluation leading to a denial of the reinstatement of your license or a requirement for you to undergo and pay for another evaluation.

Risk Levels

Evaluators are screened and trained by the Illinois Department of Human Services, Division of Alcoholism and Substance Abuse. Based on the results of your evaluation, your risk level will be classified as:

  • Minimal risk;
  • Moderate risk;
  • Significant risk; or
  • High risk.

Each classification carries with it increasingly demanding requirements for alcohol and substance abuse education and treatment. These recommendations are provided to the Office of the Secretary of State, and must usually be completed before your driver’s license will be reinstated.

Work With a Knowledgeable Lawyer

If you are working toward getting your driving privileges reinstated, the assistance of an experienced Kane County license reinstatement attorney can be invaluable. Contact The Law Office of Brian J. Mirandola today to schedule your free consultation and find out how we can help you get back on the road sooner than you may have thought possible.

 

Sources:

http://www.dhs.state.il.us/page.aspx?item=44177

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

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