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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 lawyersUnder Illinois law, driving is not a guaranteed right that all citizens automatically have. It is a privilege that can be suspended or revoked if necessary. There are several different situations that could lead to the loss of your driving privileges in Illinois, including as the result of driving under the influence (DUI). If your license has been revoked or suspended in relation to a failed or refused BAC test or a DUI conviction, you are required to participate in an administrative hearing before your license can be reinstated.

The Illinois Secretary of State’s Office is responsible for virtually all matters related to driver’s licenses in Illinois, including reinstatement hearings. Such hearings may be formal or informal, and the type that you must attend will depend on the circumstances that led to you losing your driving privileges.

Formal Reinstatement Hearings

A driver must attend a formal reinstatement hearing if his or her driving privileges were revoked or suspended for:

  • An offense involving a fatality, including DUI and other traffic offenses; or
  • A second or subsequent DUI conviction.

If you are required to attend a formal hearing, you must first request a hearing by U.S. Mail and pay a $50 file fee. You will be given a date for your hearing, which can only be held in one of four locations: Chicago, Joliet, Springfield, and Mt. Vernon.

It is important to be fully prepared for your hearing and to bring a copy of your alcohol and drug evaluation report. This report is required to determine your risk category, which determines what requirements you must meet to be considered for reinstatement or a restricted driving permit. A hearing officer will listen to the arguments presented and examine any evidence offered, but the ultimate decision regarding reinstatement will be made by the Secretary of State’s Office after the hearing is complete.

Informal Reinstatement Hearings

For less serious offenses, including first-offense DUI and lesser traffic violations, you can meet your hearing requirement through an informal hearing at any Illinois Driver Services location. You do not even need an appointment. As with formal hearings, all documentation from an informal hearing is sent to the Office of the Secretary of State in Springfield, and a decision is mailed to the applicant at a later date.

We Can Help

Northern Illinois can be a challenging place to live and work when you cannot drive. If you have lost your driving privileges as the result of a suspension or revocation related to a DUI or any other charges, contact an experienced Kane County license reinstatement lawyer. Call The Law Offices of Brian J. Mirandola at 847-488-0889 for a free consultation today.

 

Sources:

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

https://www.cyberdriveillinois.com/publications/pdf_publications/dah_ih22.pdf

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Elgin license reinstatement lawyersUnder Illinois law, there are a number of reasons for which your driver’s license could be suspended or revoked. You could lose your driving privileges for accumulating too many traffic violations, failing to appear in court, failing to pay child support, or using a fake ID. Each year, thousands of Illinois residents also have their licenses suspended or revoked as a result of a DUI conviction. Fortunately, a license suspension related to a DUI offense does not always mean that the driver must stay completely off the road. Thanks to a specific type of driving relief program, first-time DUI offenders are usually able to get back behind the wheel legally while their license is technically suspended.

Monitoring Device Driving Permit

The state of Illinois recognizes how important the ability to drive is for most individuals. Depending on where a person lives and works, a license suspension could make it nearly impossible for that person to get to and from their job and to provide for themselves and their families. While driving is a privilege and suspension is meant to be a punishment and a deterrent, it does not serve the public well to ruin an offender’s life over a one-time lapse in judgment.

That is why the state has instituted the Monitoring Device Driving Permit program, or MDDP. The MDDP gives first-time DUI offenders the opportunity to continue driving legally in spite of their ongoing license suspension. A person will generally be qualified and automatically enrolled in the MDDP program if he or she:

  • Is at least 18 years old;
  • Is a first-time DUI offender, meaning that he or she has not been found guilty of or given court supervision for a previous DUI charge;
  • Has a valid driver’s license, not including the suspension in question;
  • Has not had a previous statutory summary suspension for failing or refusing a blood alcohol content (BAC) test;
  • Has not been convicted of DUI charge in any other state in the last five years.

 

A driver is not eligible for an MDDP if anyone was seriously hurt or killed as a result of the DUI in question or if the driver has a previous conviction for reckless homicide. Commercial driver’s license holders may apply for an MDDP, but the permit will not usually allow them to operate commercial vehicles.

The Monitoring Device

As part of the MDDP program, participating drivers must have a breath alcohol ignition interlock device (BAIID) installed on any vehicles they wish to drive. This is the “monitoring device” part of the equation. A BAIID requires the driver to provide a breath sample by blowing into the device before attempting to start the vehicle. If the device detects a BAC above a preset limit—usually 0.25—the car will not start.

The BAIID also snaps a picture of the person providing the sample to prevent cheating or attempts to fool the system. Participants must bring their devices to approved locations for periodic checks as well. Anyone caught trying to trick or tamper with the BAIID will likely be disqualified from the MDDP program.

Call Us for Help

If you are facing a DUI-related license suspension in Illinois, we can help. Contact a Kane County driver’s license reinstatement attorney to get the answers to your most pressing questions. Call 847-488-0889 and schedule a free consultation today.

 

Sources:

https://www.cyberdriveillinois.com/publications/pdf_publications/baiid17.pdf

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

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Kane County license suspension attorneyFor many years, safety groups and even cell phone carriers themselves have been reminding drivers to put their phones down while behind the wheel. The public, it seems, is not heeding the warnings. Thanks to a recently-passed law, however, Illinois drivers who insist on using their cell phones illegally could ultimately have their driving privileges suspended, even for a first offense. If you have trouble with cell phone distractions while driving, it is important to know how your life could be affected.

Dismal Numbers

A recent survey conducted by State Farm suggests that attitudes regarding cell phone use while driving are quite casual and, in many cases, downright dangerous. More than 80 percent of the survey’s respondents acknowledged that talking on a hand-held phone while driving was dangerous, but half admitted to using a hand-held cell phone behind the wheel. A full 95 percent of participants said that texting while driving was distracting, but 35 percent text anyway.

In Illinois, it is illegal to use an electronic device such as a cell phone to send or receive messages or to browse the internet while driving. It is also illegal to talk on a cell phone without a hands-free device. The current penalty for a first-time offense is a $75 fine, and the offense is considered to be a non-moving violation, which means it does not go on the offender’s driving record. Repeat offenses are considered moving violations.

A New Approach

Last month, Illinois Governor Bruce Rauner signed a measure that reclassifies first-time electronic device offenses as moving violations. The new law will go into effect on July 1, 2019. As a moving violation, a first-time offense for the illegal use of an electronic device could trigger a license suspension.

Under Illinois law, any driver convicted of three moving violations within a 12-month period will face an automatic suspension of their driving privileges. Drivers under the age of 21 will have their licenses suspended for two moving violation convictions in a 24-month period. The length of the suspension depends on the seriousness of the offenses—represented by a certain number of “points” on the driver’s record. A suspension can range from two months to one year. In extreme cases, the suspension can even become a revocation.

Has Your License Been Suspended?

If you have had your driving privileges suspended due to moving violations, an experienced Kane County license reinstatement attorney can help you explore your options for getting back on the road. Call 847-488-0889 for a free consultation The Law Offices of Brian J. Mirandola today.

 

Sources:

https://newsroom.statefarm.com/8th-state-farm-distracted-driving-survey/

https://www.illinoispolicy.org/illinoisans-could-see-license-suspended-for-texting-while-driving-under-new-state-law-2/

http://www.ilga.gov/commission/jcar/admincode/092/09201040sections.html

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