Once a person has had his or her license revoked he or she will need either an Informal Hearing or a Formal Hearing to have their driver’s license reinstated. The type of hearing required will depend on the reason for the revocation.
What Type of Hearing Do You Need?
There are two types of hearings: formal and informal. A formal hearing is required when a person’s license is revoked for more serious offenses. For example, if a person has had two or more DUIs a formal hearing is required. If a person has had one conviction for DUI (no prior court supervision for DUI) then an informal hearing is required. Another time a hearing is required before the IL Secretary of State is if you are caught using fraudulent identification (fake ID). An informal hearing is necessary if you are found guilty of using the ID, your license is suspended and you would like to petition the state to allow you to drive to and from your employment location or if you are required to drive for your employment. You can attend an informal hearing an request that the state grants you a hardship license. If however, you would like to contest the fact that it was not you using the fraudulent ID, you can request a formal hearing with the IL Secretary of State and present your case during a formal hearing.
A Formal Hearing has to be scheduled in advance through the Illinois Secretary of State. The IL Secretary of State requires a $50.00 payment in addition to a written request to schedule a hearing. If I am going to be the attorney representing you at the hearing, I want to be the one making the request. This is because the request for the hearing becomes an exhibit at the hearing and I want the request to be coming from my office on my letterhead. I do not want it to appear that you started the process without an attorney and then hired me. I want the Illinois Secretary of State to know that I was involved in representing my client at a hearing from the beginning.
An Informal Hearing does not require a $50.00 payment nor any written request for a hearing. However, you should not be fooled into believing that an attorney is not needed. I treat an Informal Hearing as seriously as a Formal Hearing as the same documents and level of testimony is required.
For more specific information from Attorney Young, call for a no obligation consultation.