WHAT IS DRIVING ON A SUSPENDED LICENSE IN ILLINOIS?

You pled guilty to DUI a couple months ago, and now your license is suspended.  Unfortunately, you needed to get someplace fast, and you thought you could get away with driving just this once.  But after you missed a stop sign, the police pulled you over and charged you with driving on a suspended license.

What can happen to you?  What can you do?

Driving on a suspended or revoked license due to an underlying alcohol offense may offer a choice between jail time or community service for the first two offenses.  After that, a jail sentence is mandatory.

The news gets worse if you could have received a permit allowing you to drive with a breath-activated ignition device, but failed to do so, or if you got the permit but didn’t use the car with that device.  Then, your first offense escalates to a Class 4 felony and a minimum jail term of 30 days. In addition, the Secretary of State can substantially increase the length of time that your driver’s license is suspended.

Getting caught driving on a suspended license can be difficult, but not entirely hopeless.   The state has the burden of proving beyond a reasonable doubt that you were driving, and that your license was suspended or revoked for an underlying alcohol-related offense.  While this is not a difficult, you may still have a defense.  Did the police have probable cause to stop you?  Did an emergency force you to drive?  Is there some mistake concerning the underlying reason for your suspension?

An experienced DUI/traffic law attorney can help evaluate your case for its best possible defense.  Even if police acted lawfully and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Reference:  625 ILCS 5/6-303.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

 

About mdkeenan

A criminal and school law attorney with over 17 years of experience, I have successfully represented clients all over the Chicago area. My practice includes DUI, felony, criminal, misdemeanor, homicide, internet crime, retail theft, traffic offenses, cyberstalking, drug crimes, weapons violations, domestic battery and juvenile crime. I also represent families involving school cases. My clients come from all over the Chicago area including Skokie, Wilmette, Niles, Northbrook, Glenview, Evanston, Winnetka, Highland park, Northfield, Park Ridge, Des Plaines and Mount Prospect. I am a member of the ACLU and the Illinois State Bar Association. I serve as a volunteer for First Defense Legal Aid. Se habla espanol.
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