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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 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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reinstatement, Elgin criminal defense attorneyIf you have been charged with drunk driving, reckless driving, or any other moving violation that resulted in the suspension or revocation of your driver’s license, your day-to-day life is likely to be severely affected. Not only will a person whose driver’s license is suspended need to make alternative travel plans—for him- or herself and for any children he or she may have —but also will need to begin the long process of driver’s license reinstatement. There are several things you should know about this process before you begin that can make it easier and progress more smoothly. The first is that it getting your license back is much easier with the assistance of a qualified legal professional.

Financial Costs

Even working with an attorney, driver’s license reinstatement is a costly process that can also often mean significant time spent wading through bureaucratic red tape. No matter the offense for which the license was suspended, the driver will first be subject to a $250 reinstatement fee paid to the Secretary of State. A portion of this—$30—goes to the Department of Health and Human Services to help cover the cost of alcohol and substance abuse programs for repeat driving offenders. If you are one of these repeat offenders, the fine is doubled to have the license reinstated; that is, if you have had your license suspended before, again, for any reason, not just alcohol-related charges, you will be subject to a $500 reinstatement fee. In this case, $60 of the fee is allocated for drunk and drugged prevention programs.

Alcohol and Drug Evaluation

Just because a person has his or her license reinstated, however, does not mean that he or she is legally allowed to drive—particularly if the license was suspended due to a drunk or drugged driving incident. To have driving privileges reinstated is another process entirely. If a person is convicted of a drunk driving charge, he or she must first undergo an alcohol or drug evaluation before driving privileges will be reinstated. If a problem is indicated in this evaluation, the person will then need to submit proof that he or she is in a treatment program. Even if such a program is not required, the person will still need to complete an alcohol or drug remedial education program offered by the state. If the person is a repeat offender, he or she is subject to a $50 filing fee to have the license reinstated after undergoing these programs.

Responsible Legal Guidance

If you or someone you know has been subject to a license suspension, the most important step is to seek legal counsel. Contact an Elgin license reinstatement attorney today for a free consultation. Call The The Law Office of Brian J. Mirandola at 847-488-0889.

Source:

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

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Posted on in DUI

four-time, Elgin DUI defense attorneyBeing convicted of driving under the influence (DUI) is always very serious, even if it is your first offense. In addition to expensive fines and possible imprisonment, you will almost certainly be subject to the suspension or revocation of your driver’s license. With multiple convictions, the penalties get much more severe on all fronts. Fines increase, potential prison sentences are longer, and revoked driver’s licenses become harder to reinstate. In fact, according to Illinois law, up until this year, drivers who were convicted of DUI on four separate occasions were automatically subject to a permanent license revocation, meaning they could never legally drive again.

The Old Way of Thinking

The ban on driving for those convicted of DUI four times was based on two premises. First, a person with four DUI convictions had all but proven by his or her actions that he or she could not be trusted to only drive when sober. This, in effect, meant that the person was a threat to public safety. The second idea was that of punishment. Not being able to drive created a serious inconvenience to the individual forcing them to find other modes of transportation.

New Technology, New Opportunities

Over the last several decades, the technology used by law enforcement to measure the blood-alcohol content (BAC) of a driver has become much more readily available to the general public. When integrated into the ignition system of a vehicle, such devices are able to prevent the car from starting if the provided breath sample registers an alcohol content above a certain limit. This means that a driver who is drunk would not be able to start the vehicle, let alone drive it while under the influence, all but eliminating the public danger associated with that person driving while intoxicated.

Last summer, Illinois lawmakers decided that it was time to expand opportunities for those who had been convicted of four DUIs—a number that totaled about 5,000 at the beginning of 2016. Thanks to a new law which took effect on January 1, it is now possible for four-time DUI offenders in Illinois to apply for partial driver’s license reinstatement. Those who are approved will be limited to operating vehicles with a breath-alcohol ignition interlock device (BAIID) installed on them.

Proof of Rehabilitation

Before an applicant can be approved, the Secretary of State’s Office will require proof that he or she has made changes to his or her life. An applicant may use affidavits, treatment reports, and other evidence to show that he or she has been completely free from drugs and alcohol for three years, and is ready to take a new approach to safe driving.

Getting your license back after a DUI can be challenging, but you do not have to go through the process alone. Contact an experienced Elgin driver’s license reinstatement attorney today for help. Call 847-488-0889 for a free consultation at The The Law Office of Brian J. Mirandola and let us provide the guidance and support you need during a difficult time.

Sources:

http://kwqc.com/2015/09/21/new-illinois-law-to-allow-four-time-dui-offenders-another-chance/

https://www.cyberdriveillinois.com/publications/pdf_publications/baiid3.pdf

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Posted on in DUI

hard time, Illinois license reinstatement attorneyPrior to 2016, if you failed or refused a roadside test for blood-alcohol content (BAC) in Illinois, your driving privileges would be automatically suspended for a period of time. The exact length of the suspension was based on your past history and whether you failed the test or refused to take—refusals resulted in longer suspensions. Such suspensions were—and still are—handed down by the Secretary of State’s office and are separate from the process of filing and prosecuting a driver for driving under the influence (DUI).

In recent years, modern technology has led to the introduction of driving relief programs that incorporate the use ignition interlock devices to ensure that a driver is sober when getting behind the wheel. These programs also allowed more drivers to get back on the road legally, despite their ongoing suspension of full driving privileges. The law, however, required a suspended driver to serve at least 30 days of "hard time" for a first offense with no ability to drive whatsoever. Repeat offenders were subject to even longer periods of full suspension.

Evolving Attitudes

The hard time provision in the law has long been criticized as counterproductive. For most people, automobile transportation is a necessity of daily living, and those serving a hard time suspension still need to get to work and provide for their families. Many had no other option but to drive illegally, without the coverage of insurance, to maintain their livelihood. There was also the issue of certain prosecutors striking deals with defendants, allowing drivers to skip the suspension in exchange for large fines, which means that the suspensions were not even being applied equitably throughout the state.

Finally, anti-DUI experts and interest groups, including Mothers Against Drunk Driving (MADD), addressed the issue. MADD sent a letter to the Illinois legislature pointing out that, in light of the availability of ignition interlock devices, mandatory suspensions were found to be more dangerous than allowing drivers to get back on the road in a supervised manner. Late last year, Illinois lawmakers took action and removed the hard time provisions effective January 1, 2016, allowing drivers to apply for relief programs immediately.

Expected Impacts

With the elimination of hard time suspensions, state officials expect to find fewer drivers on the road illegally with a suspended license. They are also hopeful that the number of questionable plea deals with prosecutors will be reduced. Proponents also suggest that by including treatment requirements as part of the eligibility criteria for the relief programs, repeat offenses will also be less likely.

If you are facing a DUI-related license suspension or your license has been revoked due to a conviction, contact an experienced Elgin license reinstatement attorney today. Attorney Brian J. Mirandola has helped many clients get back on the road quickly and he is ready to help you do the same. Call 847-488-0889 for a free consultation.

Sources:

https://www.cyberdriveillinois.com/departments/administrative_hearings/2016legislation.pdf

http://www.chicagotribune.com/news/ct-dui-license-law-met-20151225-story.html

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