Driving On a Suspended License in Illinois

Understandably, being ticketed with a Driving on a Suspended License in Illinois can be frightening and confusing for various reasons.  First, you are facing a Class A Misdemeanor offense. Second, you may not even have known that your driver’s license was suspended.  Third, you thought you had taken care of the issue causing the suspension. Regardless of why you are frightened or confused, at The Traffic Defense Firm, we aim to resolve your ticket positively and get your driver’s license reinstated. As a driving on a suspended license attorney, we are well versed as to why your license is suspended and we will work to get your driver’s license reinstated. Our goal is to make the process to get your driving privileges back as smooth as it can be along with obtaining the best outcome for your case.

Class A Misdemeanor 

Driving on a suspended license in Illinois is a class a misdemeanor. That means it is punishable by up to one year in jail and fines of up to $2,500.00.  This is not a petty traffic ticket and should not be taken lightly. When a police officer pulls you over, they check the status of your driving privileges in their database. Once they see that your driver’s license is suspended, they will charge you accordingly. You could face jail time and a criminal conviction, making it even more difficult to get your license reinstated Therefore, it is important to contact a suspended license lawyer immediately to help represent you to avoid the penalties associated with this particular ticket. When you get ticketed for this offense, you can be booked and processed. 

 There is a difference between driving on a suspended license and driving on a revoked license in Illinois. Suspended licenses have a timeframe for the suspension, typically up to one year but can be as little as three months.  After the suspension period, you can pay a reinstatement fee and address the issue that led to the suspension to get your license back. In contrast, a revoked license means your driving privileges are revoked by the Illinois Secretary of State, and you will typically not get your license back without attending a formal hearing in front of a Secretary of State officer. It is more challenging to regain your license once it is revoked. 

Why is my driver’s license suspended?

An important question that will need to be asked is why your driver’s license is suspended to begin with.  There are various reasons why the Secretary of State could have suspended your driving privileges. Here are some common reasons: 

• Too many moving violations in a 12-month span when you are over the age of 21. Three moving violations in a 12-month span will suspend your driver’s license and the timeframe for that suspension will be determined based on the points assessed against your driver’s record. Different moving violations have different points associated with them. 
• Too many moving violations in a 24-month span where you are under the age of 21. Having a conviction for two moving violations in a 24-month span will lead to a driver’s license suspension. The Secretary of State will also look at the types of moving violations convictions to determine the length of suspension.  Certain convictions for those under 21 will automatically render a driver’s license suspension upon a conviction such as a possession of alcohol offense. 
• Convictions for certain offenses such as operating an uninsured vehicle, leaving the scene of an accident causing more than $1,000.00 in damages, improper passing of a school bus while loading or unloading, refusing to take a chemical test after a DUI stop, and driving unlicensed. 
• Not appearing in court for a traffic violation. If you miss court for a petty traffic, then an ex parte conviction will be entered against you which would result in a conviction. Depending on the type of traffic ticket that you missed court for, such as a no insurance ticket, that can result in a driver’s license suspension. Or if you are over 21 years old and have two moving violation convictions within the last 12 months and you miss court for a new moving violation offense then your driver’s license will be suspended. 
• Not being in compliance with a child support order.
• Not complying with SR-22 insurance requirements. 
• Not paying a reinstatement fee.

Viewing a driver’s abstract will help determine the exact reason for the suspension as the abstract will state the reason of the suspension. It is difficult to view a driver’s abstract and having an experienced suspended license attorney view it will help you find the exact root for the suspension. Once it is determined why your driver’s license is suspended, we will work with you to reinstate it. 

What happens if I get my driver’s license reinstated?

Having your driver’s license reinstated is crucial for a favorable outcome in your case.  When your license is reinstated, the prosecuting attorney will be able to see this by pulling the most recent driver’s abstract. With a reinstated license, you can present this good news to the prosecuting attorney, who may offer court supervision and potentially keep the ticket off your record. If the prosecutor is not willing to offer court supervision, the judge might be. A request for court supervision to the judge by means of a blind plea can be helpful if you can prove to the judge your license is reinstated. You can admit the official, certified driver’s record to the judge to show that your driving privileges are reinstated. This will be a strong case for a court supervision sentencing by the judge. Everyone must pay a reinstatement fee to the Secretary of State before having their license reinstated, which can vary between $70.00 to $500.00. 

Strategies and Defenses to a Driving on a Suspended License Offense

You may have a defense to the driving on a suspended license ticket such as the following:

• Incorrect Suspension. There may be a possibility that you may have been suspended at one point but took care of the root cause causing the driver’s license suspension. In that case, there can be an error made by the secretary of state’s office that you are still suspended during the time you were pulled over. In this type of situation, it is important to present these facts in court as this reason can have your ticket dismissed. 
• Probable cause issues. Every police officer in Illinois needs a probable cause to pull someone over. For a driving on a suspended ticket, there has to be some probable cause that directed the police officer to pull you over in the first place. One common probable cause is the driver committing a traffic offense that causes the police to pull the driver over such as speeding or disregarding a stop sign. Another common probable cause is the officer running registration plates in their database to find a violation such as suspended plates and then pulling the driver over. If there was no probable cause that a crime had been committed and the police pulled you over, then the case should be dismissed by means of filing the appropriate motion asking the judge for the dismissal. 

What are the risks of going to trial? 

If you are considering going to trial for a driving on a suspended license ticket, you need to weigh all the pros and cons. Every case is different, but this citation is generally one of the easier offenses for the prosecution to prove.  The prosecution needs to show that your license was suspended at the time you were pulled over. They can do this by admitting a certified driver’s record from the offense date. The prosecution will also need the officer to testify about their observations, the probable cause for the stop, and other relevant facts. There is a chance that the prosecuting attorney may not get the certified copy at time of trial, or the officer does not show up for testimony. In that case, you would have a pretty good chance of having your case dismissed. However, it is risky to rely on these circumstances. Going to trial is always best decided after speaking to an experienced, suspended license attorney. 

Contact The Traffic Defense Firm to get your driving freedom back

Contact our law firm to help you get your driver’s license back and achieve a favorable outcome in court. We understand how confusing and frightening driving on a suspended license in Illinois can be, but it does not need to be.    We are here to help, offering affordable, flat-fee services to represent you and restore your driving freedom. We know how important it is to have the privilege of driving, and we want to see you enjoy that privilege again.