Mount Prospect Suspended License Attorneys

Many Illinoisans mistakenly think that driving with a suspended license is a petty offense. Wrong. Driving with a suspended or revoked license (DWLS/DWLR) is a criminal offense, and you can suffer serious consequences. It may be a Class A misdemeanor, meaning you could get up to nearly a year in jail and a $2,500 fine. The Mount Prospect suspended license attorneys at Villadonga & Villadonga can work with you on this charge and attempt to reinstate your driving privileges after the case is over.

How Does Your Driver’s License Get Suspended?

Many people charged with driving with a suspended license are unaware of the fact, but that is not a defense. You also might think your driver’s license is automatically reinstated when your suspension or revocation period is up. Suspended and revoked licenses still require you to take specific actions before you can drive again. You could have to satisfy state requirements and pay a fee for your license to be valid again. Until you are eligible for a reinstatement hearing, you still are not allowed to drive. Your license could have been suspended in Illinois for any of these infractions:

• Not appearing in court
• Having five or more unpaid toll tickets
• Not paying tickets issued by law enforcement
• Having a civil judgment for an accident without insurance
• Not taking a breath test for suspected DUI
• Failing a breathalyzer test by being above .08%
• Getting at least three moving violations in one year and two convictions if you are under 21

Why Not Drive On A Suspended License?

Some people will take the risk and drive on a suspended license; most people must drive in the U.S. to live. But the risks of getting caught are not worth it. For example, you could be pulled over for an equipment violation, or the police could run your plate while driving. You also can be caught if you are in a traffic accident that was not your fault.

What Is The Penalty For Driving On A Suspended License?

Under the law, you will be charged with a Class A misdemeanor for your initial offense. The judge is required to send you to jail for 10 days or give you 30 days of community service. You also could be given a fine of up to $2,500. For a second offense, a Class 4 felony is likely, which means you could have your license suspended for even longer than before, and the state might even seize your vehicle.

What If You Never Possessed A License?

You can be charged with DWLS/DWLR even when you never had a driver’s license. The state government will create your driving record based upon a conviction for the crime. Your driving privilege can still be suspended or revoked, depending on your offense.

How A Past Driving On A Suspended License Charge Affects You

The penalty for driving with a suspended license depends on if it is your first offense. A first-time offender may be able to get court supervision, fines, court costs, and possibly community service. However, after your DWLS supervision, you usually cannot get it again on a subsequent charge. The charge might be enhanced to a felony, depending on the number of infractions.

How To Reinstate Your Driver’s License

How long your driver’s license is suspended depends on the case. Once your suspension is over, you must pay a reinstatement fee for your driver’s license to the Secretary of State. This fee usually is between $70 and $500, depending on why your license was suspended. You also could have to meet other requirements, such as catching up on child support or paying additional fees.

If you want to get a hardship license to drive to work, it may take between 10 to 14 weeks from the date of the administrative hearing. This is because you must go through a waiting period before a hearing to get the special license and another waiting period after the hearing to get a decision. It also takes longer to receive the physical permit, which is a long process, but your attorney can assist you. Having your lawyer help you with this process is essential because the state requirements for getting a hardship license are strict, and one mistake can torpedo your case.

Do I Need An Attorney For Driving On A Suspended License?

Hiring an attorney to protect your rights and advocate for you is usually in your best interest. For example, being convicted for driving on a suspended license can lead to jail time, and you may have trouble finding work, keeping a job, or being admitted to school. While state law may allow for a minimal sentence for this offense, it depends on how the local judge and prosecutor see the case. These types of cases have negative effects on your criminal record as well as your ability to drive.

Defenses To Driving On A Suspended License

While fighting this charge is difficult, a skilled attorney has defenses in the arsenal. First, did the police stop you reasonably, and was there cause to stop you? If not, your lawyer can petition the court to suppress evidence from the traffic stop. Occasionally, the court will dismiss the case.

Second, were you driving on private property? The laws of Illinois ban driving on any highway in the state when any part of it is open for driving by the public. However, note that a parking lot that is maintained by the public is still considered a highway under the law. There also could be a valid defense to the charge if you were driving because of a medical emergency.

Contact Our Mount Prospect Suspended License Attorneys

If you have been charged with driving on a suspended license, you should have Villadonga & Villadonga fighting for your rights to reduce the chances of a conviction. Our attorneys will try to clear the possible suspension, if possible. They will also attempt to ensure you have a clear driver’s license, which can influence the case outcome. Remember that driving on a suspended license is never recommended because, if caught, you could be convicted of a Class A misdemeanor. Please contact our Mount Prospect criminal defense attorneys today at 847-298-5740.