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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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Posted on in DUI

Elgin, IL Defense Lawyer

Like every state, in Illinois, driving under the influence (DUI) can result in long-lasting consequences. From driver’s license suspension to revocation, and even potential jail time, there is no overstating the seriousness of a DUI charge and conviction. If you have been charged with DUI, finding an experienced criminal defense attorney can help you maintain your essential driving privileges.

DUI Penalties in Illinois

When considering the possible outcomes of a DUI conviction, it is important to understand the legal ramifications can vary, especially if there is a minor under 16 in the car or if you have a BAC of .16 or higher. The most likely outcome is license suspension. 

License suspensions can last for various amounts of time, depending on the severity of the crime and the number of previous arrests. For instance, a first-time DUI offender is likely to face a sixth-month suspension for a failed chemical test, or 12 months for refusing a test. A second or subsequent conviction within five years is a one-year suspension, which bumps to three years for test refusal.

Revocation is a more severe punishment. This is typically reserved for individuals who cause an accident that results in serious injury or death. Revocation may take place without an initial hearing and run through the duration of adjudication, in addition to the time mandated by sentencing.

How a DUI Lawyer Can Help

In the aftermath of a DUI arrest, it is crucial to contact a legal team with extensive experience helping clients who face DUI charges. A skilled attorney can ensure your rights were not violated during your traffic stop or detainment. They can also help preserve your driving privileges through a monitoring device driving permit in which a blood-alcohol ignition interlock device is installed in your vehicle.

If your license has been revoked, you must request a Secretary of State's Office hearing to regain your driving privileges. For reinstatement, you must have a clean driving record since your previous violation and have completed a drug/alcohol evaluation, education, and possible treatment.

Contact an Elgin, IL DUI Defense Attorney 

Attorney Brian J. Mirandola has years of experience helping clients avoid driver’s license suspension and revocation. If you have been charged with DUI, reckless driving, aggravated speeding or another serious violation, it is time to contact a legal team you can believe in. To schedule a free consultation with a Kane County criminal defense attorney, call us today 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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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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