CAN I DRIVE WHEN MY LICENSE SUSPENSION EXPIRES?

The answer is no.  Or at least not until you have applied to the Secretary of State to restore your license and paid any fees.  A suspension does not end automatically.

If you are charged with DUI in Illinois, the Secretary of State will suspend your driver’s license on the 46^th day after your arrest unless you successfully petition the court to rescind or undo the suspension. If you are caught driving on a suspended license, you could serve a mandatory 10 days in jail or 30 days community service for a first offense. And the penalties for later offenses only get stiffer.

But what happens if, after you are arrested for driving on that suspended license, the judge lifts the suspension? Can you still be convicted? The Illinois Supreme Court says yes. Lifting the suspension is not like hitting the reset button. You can still be convicted even though the judge later says it is okay to drive.

If you are charged with driving on a suspended license or other offense, contact an experienced DUI law attorney immediately. An attorney can review your case for your best possible defense.  Did the police have probable cause to stop you?  Can the state prove you were driving and that the suspension was still in effect? Did you drive because of an emergency? 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: People v. Elliott

(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.)