What is the difference between a suspended Illinois driver’s license and a revoked Illinois driver’s license:
A suspended license come back on a certain date once a reinstatement fee is paid. Whereas a revoked driver’s license must be reinstated by the Illinois Secretary of State first, which means you must have either a formal or informal hearing before the Illinois Secretary of State. I discuss this topic in a video.
How happens if I’m charged with Driving with a suspended or revoked driver’s license?
In Illinois, any person who drives or is an actual physical control of a motor vehicle of any highway of this State at a time when such a person’s driver’s license, permit or privilege to do so or the privilege to obtain a driver’s license or permit is revoked or suspended has committed a criminal offense.
How serious is being charge with driving after you lost your license?
The seriousness of the charge is based upon the reason you are suspended or revoked. If your suspended because of a Statutory Summary Suspension, (DUI), the case is very serious, if your revoked because of a DUI, the case is even more serious. However, if you are suspended because of too many tickets, failure to have SR22 Insurance, parking tickets, (and not DUI) the case is not as serious but still requires the representation by an attorney.
Initially the charge is a Class A misdemeanor, however can become a Class 4 felony or greater depending upon the reason for the suspension, revocation and the number of times you have been previously convicted of driving on a suspended or revoked Illinois driver’s license.
Defense to driving on a suspended or revoked driver’s license?
In the case of a suspended license I can begin by determining if I can have the license reinstated prior to the actual court date. Depending on where you are going to court, I might be able to have the entire charge dismissed. If the license cannot be reinstated or in the case of a revoked license I may have to file a pretrial motion to challenge the reason fro the police officer stopping your vehicle. This usually produced a very favorable result.
Illinois Suspended or Revoked Driver’s License Statute: 625 ILCS 5/6-303.
For more specific information and to review the facts of your case, call Attorney Young for a no-obligation consultation.