The Law Office of Brian J. Mirandola

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47 DuPage Court, Elgin, IL 60120

847-488-0889

Elgin IL driver's license reinstatement attorneyMost people need to be able to drive as part of their daily activities. Getting to and from work, transporting children to school or other activities, or running errands will usually require the use of a car. This means that whenever a person loses their driver’s license, they will want to understand how they can get their driving privileges reinstated as quickly as possible. Depending on whether an Illinois resident’s license was suspended or revoked, they may need to attend a license reinstatement hearing, and the reason they lost their license will determine whether a formal or informal hearing will be required.

The Differences Between Informal and Formal License Reinstatement Hearings

DUI arrests and convictions are the most common reasons for driver’s license suspension or revocation, although a person may also lose their driving privileges if they receive three or more traffic violations within 12 months. Following a license suspension, a person can usually have their license reinstated by paying a reinstatement fee. However, following a license revocation, a person will need to apply for reinstatement, and they will be required to attend a license reinstatement hearing with the Illinois Secretary of State.

A driver will be able to have an informal hearing if their license was revoked due to a first-time DUI conviction, a criminal offense that did not involve a person’s death, or other traffic violations. These types of hearings are held at a number of Secretary of State Driver Services facilities throughout the state of Illinois, and they do not need to be scheduled in advance. In these hearings, a driver will answer questions asked by a hearing officer and show that they have met the requirements to have their license reinstated.

A formal hearing will be necessary if a driver has multiple DUI convictions or if they lost their license due to an offense involving someone’s death. A person will be required to submit a formal hearing request and schedule the hearing in advance at one of four Secretary of State facilities in Joliet, Chicago, Mt. Vernon, or Springfield. While a formal hearing is not the same as a trial, it has some similarities to courtroom proceedings, with the driver being placed under oath and answering questions asked by an attorney representing the Secretary of State and their own attorney. Since these cases often involve more serious DUI offenses, a driver will need to demonstrate that they have followed all requirements related to substance abuse treatment and that they are taking action to make sure they will be able to drive safely if they have their license reinstated.

Contact Our Kane County License Reinstatement Lawyer

When preparing for either a formal or informal Secretary of State hearing, you will want to work with an experienced lawyer to make sure you have met all of your requirements and will be able to answer questions correctly. At The Law Office of Brian J. Mirandola, we will help you prepare for a hearing and provide you with representation, ensuring that you will be able to regain your driving privileges. To learn more about how we can help, contact our Aurora license reinstatement hearing attorney at 847-488-0889 to arrange a free consultation.

 

Sources:

https://www.cyberdriveillinois.com/departments/administrative_hearings/hearings.html

https://www.cyberdriveillinois.com/publications/pdf_publications/dah_ih70.pdf

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IL defense lawyerThousands of drivers who have had their license suspended or revoked in Illinois can benefit from a new Illinois law that took effect recently: the License to Work Act. Governor JB Pritzker signed the bill into law at the start of the year, but it took effect on July 1. The law protects people who have unpaid tickets, fines, and fees. If you are trying to determine how to get your license reinstated or have more questions regarding your rights as a driver in Illinois, seek legal counsel from a criminal defense attorney with experience in representing clients in traffic violation and license reinstatement cases.

License to Work Act

The License to Work Act focuses more on repealing Illinois laws that are neither beneficial to drivers nor the State. Until July 1, 2020, having too many unpaid tickets, fines, and fees could result in a license revocation or suspension. This had a negative effect on tens of thousands of Illinois residents who lost their driving privileges for relatively inconsequential offenses. The original law was designed to prevent the State from losing too much revenue due to unpaid fines, but this strategy proved ineffective, as drivers both lost their licenses and still opted to leave tickets unpaid for financial reasons. This promoted a cycle that forced many residents who need their license to drive to work to suffer even further economic hardship.

The License to Work Act also repeals a few other Illinois laws, namely the right the Secretary of State had to revoke or suspend a minor’s driver’s license because they are judged to be a truant, delinquent, or addicted. The same law used to also apply to anyone ‘afflicted with or suffering from any mental disorder or disease,’ but those laws were curtailed as part of the License to Work Act.

This new law only serves to curtail license suspensions or revocations due to unpaid fines, not for other reasons. For example, automatic suspensions will result from underage drinking, supplying alcohol to minors, criminal trespass on a vehicle, and theft of motor fuel.

Contact a Kane County Criminal Defense Attorney

Whether or not you are eligible for immediate license reinstatement, you will strengthen the likelihood of having a successful driver’s license reinstatement hearing if you prepare with the help of a Kane County criminal defense attorney. The Law Office of Brian J. Mirandola offers free consultations to anyone in need of counsel or representation in cases related to Illinois criminal law, DUI defense, and traffic violations. To schedule your first session, call 847-488-0889.

 

Sources:

https://www.bnd.com/news/politics-government/article239403843.html#:~:text=JB%20Pritzker%20on%20Friday%20signed,a%20vote%20of%2038%2D10.

https://finesandfeesjusticecenter.org/articles/illinois-house-bill-5340-license-to-work-act/

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IL DUI lawyerIn the state of Illinois, even just one conviction of driving under the influence of alcohol or drugs will revoke the offending driver’s license for a certain amount of time.

Minors who drive while intoxicated will be charged under the zero-tolerance law and lose all driving privileges for at least two years. Adults can have their license revoked for life depending on the amount of DUI convictions they have on their record.

Illinois Restricted Driving Permit

Not having a valid driver’s license is impactful especially for adults who have to commute to a job. They could lose working time if they do not have a car in order to get to work on time.

Teenagers who drive to school have a similar problem and can miss school time without transportation.

To fix this problem, Illinois allows some DUI offenders to apply for a restricted driving permit. This court-approved document allows a driver to attend school or work but does not allow pleasure or leisure driving.

To be eligible for a restricted driving permit, a driver must:

  • Prove that hardship will exist if they cannot drive
  • Pass a current drug or alcohol evaluation
  • Provide proof of attendance in a treatment program

If a driver has multiple DUI convictions on their driving record, they may still be issued a restricted driving permit, but must also use a Breath Alcohol Ignition Interlock Device to monitor their alcohol consumption before driving.

Obtaining a restricted license makes continuing work and/or school easier until a driver can reinstate their license.

What Needs to Be Done to Reinstate a License?

There are obvious requirements that must be met in order for a driver to earn their license back. They must maintain a clean driving record and pass an alcohol evaluation with proof of treatment.

There are other steps a driver must take to earn their license back:

  • Provide proof of attendance in a remedial education program
  • Appear before an officer of the Secretary of State to prove that public wellbeing will not be harmed if allowed to drive again
  • File proof of financial responsibility and pay a $500 reinstatement fee
  • Pass the driving exam - written, vision, and driving

A driver’s license is reinstated when all the steps have been completed and the Secretary of State files all appropriate information on the driver’s record.

Contact an Elgin, IL DUI Attorney

It can be a difficult road after being convicted of a DUI. Often the process becomes confusing for the driver who wishes to reinstate their license. The lawyers from the Law Offices of Brian J. Mirandola can help clients through the process and make sure they are not being mistreated by the courts. To schedule a free consultation with a Kane County DUI lawyer, call our office at 847-488-0889.

 

Source:

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

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Kane County License Reinstatement Lawyer

Driver’s license suspension and revocation are typically only used after serious moving violations such as DUI charges, fleeing the scene of an accident that resulted in bodily injury, and various forms of overt reckless driving. If your license has been suspended or revoked, it is possible to receive a restricted driving permit (RDP) so you can go to work and accomplish other normal daily tasks. 

To obtain a restricted driving permit, you want to enlist the help of a skilled legal professional who knows how to navigate the process with your best interests in mind. 

Restricted Driving Permits in Illinois 

Here in the state of Illinois, a restricted driving permit can only be obtained under specific conditions. First, those looking to get an RDP must prove a hardship exists, for instance, if you need a vehicle to get to and from work, or you cannot properly care for your children without driving privileges. Once you have established your need for the permit, you must submit proof of a professionally administered drug and alcohol evaluation, to ensure there is not a serious substance abuse issue that can impact your ability to live up to RDP terms. 

After submission of the necessary paperwork, it is time to work with your attorney to prepare for your appearance before a hearing officer. This officer is appointed by the Illinois Secretary of State’s Department of Administrative Hearings. They will review your prior driving history to determine the likelihood that you are a risk for other travelers. If you have been convicted of multiple alcohol-related traffic violations, you must have a breath-alcohol ignition interlock device (BAIID) installed in your vehicle before obtaining your restricted driving permit. This device ensures a vehicle will not start until the driver passes a breathalyzer test.

Once you have received a restricted driving permit, it is critically important to follow all traffic rules and regulations. It is also crucial that you fully understand and follow the stipulations that allowed you to receive your RDP in the first place. For instance, if you are only allowed to drive to and from your place of employment, you could lose your driving privileges if you choose to operate your vehicle outside of those agreed-upon conditions. 

Contact an Elgin Suspended License Lawyer 

If you were charged with a violation that may cause license suspension or revocation, seek out a legal team you can believe in. Criminal defense lawyer Brian J. Mirandola has extensive experience helping clients get restricted driving permits and other allowances that let them maintain their normal lives. To set up a free consultation with a Kane County criminal defense attorney, contact us today at 847-488-0889. 

Sources:

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

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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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