Most adults have driver’s licenses, and most adults get through life with their driver’s licenses intact. However, in the State of Illinois at any given moment more than 500,000 individuals have had their privileges to drive either suspended or revoked.
SUSPENDED DRIVER'S LICENSES IN ILLINOIS
Once that happens, it can often be a confusing and difficult journey back to driving legally. That journey can be fraught with difficulty compounded by an individual’s continuing to drive although their privilege to do so has been withdrawn by the state.
Driving on a suspended license is at least a Class “A” misdemeanor, (in some situations it may be a felony with possible prison time). It is different from an ordinary traffic ticket. Tickets such as speeding, disobeying a stop sign or stop light, or failing to signal are referred to as petty offenses. These are not criminal matters, and can be punished generally only by a fine.
Driving on a suspended license is a different matter. It is a criminal offense, with possible penalties of up to 364 days in jail and fines of up to $2,500. If charged as a felony, there may be 3 years in prison and fines of up to $25,000. A conviction on this matter means a criminal record with the arresting police, the Illinois State Police, and in some instances, the Federal Bureau of Investigation (FBI). It means fingerprints and mug shots. Release after driving on a suspended license can be complex.
Being released requires a bond be posted in either the form of a cash deposit for the entire amount of the bond (C bond), a money deposit for 10% of the bond required (D bond), or a promise to pay a certain amount of money for failing to appear in court, sometimes known as personal or individual recognizance bond (I bond). Generally these bonds are set by rules of the Illinois Supreme Court. The differences depend upon the nature of the suspension, prior record of the person arrested, and any additional offenses related to the arrest.
If at some time in the future you should not appear in court, your bond may be forfeited and a warrant issued for your arrest. If you posted a C bond, that cash will be taken by the government. In the case of an I bond, a judgment will be entered against you for the amount of the bond (example: if it was a $2,000 I bond, a judgment for $2,000 will be entered against you for possible collection at a future date). If you posted the 10% deposit, not only will the 10% be lost, but also the full amount will be entered as a judgment against you (example, if you posted $500 on a $5,000 D bond, then not only will the $500 be lost, but also a judgment for $5,000, which the state may move to collect from you at some future date).
LICENSE INFORMATION
It is important to determine why a driver’s license has been suspended. The best way is to go to a Secretary of State’s office and get a Court Purposes Abstract. This gives your driving history and explains why a license is suspended. This knowledge will help you and your lawyer properly prepare for court. Illinois law provides for 36 types of suspensions. The most common are:
Failure to Appear in Court for a Traffic Ticket Mandatory Insurance Suspension
Unsatisfied Judgment Suspension Parking Ticket Suspensions
Too Many Movers Auto Emissions Suspension
Failure to Pay a Traffic Fine Statutory Summary Suspension
Zero Tolerance DUI Revocation
Knowing the type of suspension can assist your lawyer in helping you. Failures to appear can be cleared by getting the old ticket back into court. Mandatory Insurance Suspensions can be cleared by getting SR-22 insurance. Unsatisfied Judgments can be cleared in a number of ways. Sometimes suspensions for too many movers can be lifted by returning to court on old tickets and requesting that the judge lift a conviction. These are examples, and it is useful to have legal help getting your license back.
Though every case is different, any arrest for driving on a suspended or revoked license is a serious criminal case. Sometimes these cases can be dismissed because the police officer did not have a good reason to stop the driver. Usually, most judges and prosecutors consider the steps a driver has taken to restore his or her driving privileges in imposing a penalty. Experienced traffic and criminal defense attorneys are aware of the things that the courts consider.
