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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 suspension lawyerWhen you get behind the wheel of a car or truck on Illinois roadways, you have certain rights, but you also assume certain responsibilities. While you may not be able to control the actions of other drivers, you have the responsibility to operate your vehicle in a manner that promotes safety to both other individuals and the public at large. Safe driving means that, among other considerations, you are not impaired by alcohol, drugs, or other substances. With that in mind, Illinois law maintains that by exercising your driving privileges, you are granting implied consent to blood-alcohol content (BAC) testing if you are ever arrested on suspicion of driving under the influence. If you are asked to submit to a BAC test including breathalyzer testing, following a DUI arrest, refusing to cooperate will cost you your driving privileges.

Separate From Criminal Prosecution

Technically, refusing a BAC test is not a crime, but that does not mean you cannot be punished. Based upon the state’s implied consent laws, refusing a test subsequent to an arrest on suspicion of DUI is an administrative offense for which the penalties are imposed by the Secretary of State’s Office. Any administrative penalty is in addition to those that could result from eventual prosecution on charges of driving under the influence.

Statutory Summary Suspension

If you refuse to submit to BAC testing when you have been arrested for DUI, your driving privileges will be suspended for 12 months. A second or subsequent refusal will result in a three-year suspension. It is worth noting that the penalty for refusing a BAC test is substantially more severe than for failing one. A failed breathalyzer or other chemical test for BAC results in a six-month suspension for a first offense and a one-year suspension for a second or subsequent offense.

DUI Conviction Still Possible

Some drivers may believe—in the moment, at least—that if they refuse a BAC test, prosecutors will not have enough evidence to secure a conviction on DUI charges. While blood-alcohol content is a standard that can be easily quantified, it is far from the only factors that can lead to a DUI conviction. Other signs of impairment include slurred speech, careless driving, inability to maintain focus, and the presence of alcohol on a driver’s breath. It is also important to remember that your refusal to comply with testing can be presented as evidence against you as your case moves along.

Get Help Today

While a statutory summary suspension is automatically imposed, the suspension may be overturned in certain situations. Doing so requires the assistance of an experienced Kane County driver’s license suspension lawyer. Contact the The Law Offices of Brian J. Mirandola to schedule your complimentary consultation today. Call 847-488-0889 and let us show you how we can help you protect your future.

 

Source:

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

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