Many people in Illinois think driving with a suspended license is a small issue. It is not. Driving on a suspended license, even in the event of a genuine emergency, can carry a criminal charge with stiff penalties. You could be charged with a Class A misdemeanor, which may mean up to almost a year in jail and a fine of up to $2,500.
However, a true medical emergency may help reduce the consequences. You must show that the emergency was urgent, that no one else could drive, and that driving was necessary. Medical records or statements from witnesses can help support your claim. Because the law varies by location, it is important to speak with the Chicago license reinstatement lawyers at Fabbrini Law Group as soon as possible. We can help you deal with the charge and work to get your driving privileges back once the case is finished.
Common Reasons for License Suspensions in Chicago
It sometimes happens that a person is charged with driving on a suspended license without ever even knowing their license was suspended. Unfortunately, not knowing is not a valid excuse. Some people also believe their license is automatically restored once the suspension or revocation period ends, but that is not true. You usually must take certain steps before your license is legally reinstated and you are allowed to drive again.
Before your driving license can become valid again, you may need to meet state requirements and pay a fee. Until you qualify for and complete a reinstatement hearing, you are not legally allowed to drive. In Chicago, a driving license can be suspended for lots of reasons, including:
- Not paying traffic tickets or fines
- Failing to show up in court
- Driving without insurance and causing an accident
- Refusing a breath test during a DUI stop
- Failing a breathalyzer test
- Too many driving violations
Is Driving On A Suspended License Really a Big Deal?
Some people choose to drive even though their license is suspended because, for most people, driving is a necessary part of everyday life. The risk, however, is usually not worth the reward. You could be stopped for something minor, like a broken taillight, or the police may check your license plate while you are driving. You can also get caught if you are involved in a traffic accident, even if it was not your fault.
What Are The Penalties For Driving With A Suspended License?
Your first offense will likely be treated as a Class A misdemeanor. The judge must decide whether to order 30 days of community service or sentence you to 10 days in jail. You could also be fined up to $2,500. If you are charged a second time, it is usually with a Class 4 felony. This can lead to a longer suspension of your driving license, and the state may even take your vehicle.
What If I Never Had A License?
Even when you were never licensed to drive, you can still be charged with driving on a suspended license. The Illinois government will construct a driving record for you based on your conviction for the charge. Depending on the severity of the offense, your driving privileges could still be revoked or suspended.
How Can a Past Charge Affect Me?
The punishment for driving with a suspended license depends on whether it is your first offense. If it is your first time, you may qualify for court supervision, along with fines, court costs, and possibly community service. After you use supervision once for a DWLS charge, you usually cannot use it again if you are charged later. If you have multiple violations, the charge can be increased to a felony.
How Can I Get My License Reinstated?
The length of your license suspension will depend on your unique situation. When your suspension is up, you will have to pay a reinstatement fee to the Secretary of State before you can legally operate a motor vehicle. This fee is typically somewhere between $70 and $500, depending on the reason for your suspension. Other requirements may also have to be met, such as paying overdue child support or additional fees.
If you apply for a hardship license so you can drive to work, the process can take about 10 to 14 weeks from the date of your administrative hearing. This is because there is a waiting period before the hearing and another waiting period after the hearing before a decision is made. It also takes extra time to receive the physical permit.
The process can be slow, but an attorney can help guide you through it. Engaging a Chicago license reinstatement lawyer to help you with this process is essential since Illinois has strict rules for getting a hardship license, and even one small mistake can ruin your chances.
Do I Have to Engage A Lawyer?
No, you don’t have to, but you should. Being convicted for driving on a suspended license can lead to incarceration and could make it harder to get a job, keep a job, or get into school. Although Illinois law may allow a lighter penalty, the outcome often hinges on the judge and prosecutor who are handling your case.
Common Defenses To Driving While Your License Is Suspended
Fighting this charge can be hard, but an experienced lawyer may have ways to challenge it. One key question is whether the police had a valid reason to stop you in the first place. If the stop was not legal, your lawyer can ask the court to throw out the evidence from the stop. In some cases, this can lead to the charge being dismissed.
Another important question is whether you were driving on private property. Illinois law only bans driving on roads or highways that are open to the public. However, a parking lot that is owned or maintained by the public still counts as a highway under the law. As mentioned earlier, driving because of a true medical emergency may also be a valid defense.
Contact Our Chicago License Reinstatement Lawyers Today
If you have been charged with driving on a suspended license or need help reinstating your driving privileges, you don’t have to go it alone. A Chicago license reinstatement lawyer from Fabbrini Law Group can explain your legal options to you and help you put this situation behind you. Call us at (312) 494-3131 or fill out our quick contact form to schedule your private legal consultation and get reliable advice on what to do next.