Contact Attorney Mike Baker Legal Links Practice Areas About Miike Baker Law Offices os Michael Baker

 

 

Phone (312) 380-6376 | (847) 282-4723 Rolling Meadows DUI, traffic lawyer

We represent clients charged with felony & misdemeanor crime, DUI (driving under the influence of alcohol, drugs) and serious traffic matters. We advocate for license reinstatement, reduced charges, and dismissal of charges. We handle traffic violations including speeding tickets, reckless driving, and driving without a license. We assist clients at hearings before the Illinois Secretary of State with driver's license issues including reinstatement, obtaining a restricted license to drive, and reduction of license suspension periods.

Rolling Meadows Courthouse, Court Key Schedule/Date Card, Second Municipal District, 2008

Attorney Mike Baker, with offices in Chicago and the Northwest suburbs, can defend you against charges pending against you. Some common violations include: Drunk Driving (Driving under the Influence, DUI), Reckless Driving, Leaving the Scene of an Accident involving Property damage or Personal injury, Speeding, Revoked or Suspended license, Possession of Marijuana, and disorderly conduct offenses.

We provide criminal defense for individuals who have been arrested and accused of all types of traffic violations, including but not limited to, the following:

  • Aggravated Fleeing or Attempt to Elude a Police Officer
  • Aggravated Reckless Driving
  • Aggravated Speeding (Driving 40 Miles Per Hour or More In Excess of the Speed Limit)
  • Drag Racing
  • Driving While License Suspended or Revoked (6-303)
  • DUI – Driving Under the Influence of Alcohol
  • DWI – Driving While Intoxicated
  • Failure to Obey a Traffic Control Device
  • Failure to Stop at a Stop Sign
  • Fleeing or Attempting to Elude a Police Officer
  • Improper Lane Usage
  • Leaving the Scene of a Property or Personal Injury Accident
  • Open Alcohol in Automobile
  • Passing a School Bus While Stop Sign is Out
  • Petitions to Rescind Statutory Summary Suspensions (Suspensions Resulting from DUI Arrest)
  • Reckless Driving
  • Reckless Homicide
  • Speeding
  • Speeding In a Construction Zone
  • Speeding In a School Zone
  • All Other Traffic Violations

Traffic violations classified as misdemeanors can be punishable by a fine, a jail sentence or both. Persons charged with such offenses should consult an attorney immediately.

The most commonly prosecuted misdemeanor traffic offenses include the following:

  • Drag Racing
  • Driving Under the Influence (DUI)
  • Driving on a Suspended or Revoked License
  • Fleeing or Attempting to Elude the Police
  • Leaving the Scene of a Property Damage Accident
  • Leaving the Scene of an Accident Involving Death or Injury
  • Reckless Driving
  • Speeding 40 mph or More in Excess of the Limit

The loss of driving privileges can cause great hardship for many individuals. Since DUI and traffic violations affect your insurance premiums and possibly even your right to drive, it would be wise to consult with experienced attorneys before you plead guilty on a DUI charge or file for informal or formal hearing to restore your driving privileges. You may be eligible for traffic school or for a restricted driving permit or reinstatement with the Secretary of State's office.

If you reside out of state, you may not have to return to Illinois for your court case. Mr. Baker served as a prosecutor for eight years. By negotiating with the State's Attorney's Office when appropriate, we help our clients avoid time-consuming and costly DUI litigation. However, if we deem a more aggressive approach is in our client's best interest, we have a track record of successfully defending clients charged with DUI in courtrooms throughout Illinois: Rolling Meadows courthouse, Skokie Court at Old Orchard, Traffic court, Daley Center, Bridgeview, Maywood, Markham, DUI in Lake county (Waukegan) or DuPage county court (Wheaton) and McHenry County. Illinois DUI cases, Court listings.

Confidential consultation.... 7 days a week. Affordable flat fees. Se habla español. Illinois DUI Attorneys.

Sanctions for those convicted of driving drunk:

Conviction Loss of license Jail Fine Community Service Driving Permit
1st (Class A Misd.) 1-year min. Possible imprisonment up to 1 year Up to $2,500 None May apply for restricted permit
2nd w/in 20 yrs. (Class A Misd.) 5-year min. Possible imprisonment up to 1 year; mandatory 2 days jail or 10 days comm. service for 2nd conv. in 5 years Up to $2,500 10 days (or 2 days in jail) May apply for restricted permit
3rd DUI (Class 4 Felony) 10-year min. 1-3 years possible imprisonment Up to $25,000 If given probation, possible 30 days comm. service or 48 hours of jai May apply for restricted permit
4th or more DUI (Class 4 Felony) For life 1-3 years possible imprisonment Up to $25,000 If given probation, possible 30 days comm. service or 48 hours of jail Not eligible

Statutory summary suspension penalties:

  Loss of license Driving Permit
Failed chemical test, 1st offense 3 months Eligible for judicial permit on 31st day of suspension
1st refusal of chemical test 6 months Eligible for judicial permit on 31st day of suspension
2nd or more chemical test failure 12 months Not eligible for judicial permit; must apply for restricted driving permit; not effective until 91st suspension day
2nd or more refusal of chemical test 36 months Not eligible for judicial permit; must apply for restricted driving permit; not effective until 25th suspension month

Statutory Summary Suspension

Illinois DUI and Summary Suspension cases

A Statutory Summary Suspension is an administrative procedure providing for the automatic driver’s license suspension of a driver arrested for DUI who fails chemical testing (a test showing a BAC of .08 percent or more or any amount of cannabis, controlled substance or intoxicating compound) or who refuses to submit to or fails to complete testing.Statutory Summary Suspensions are automatic, effective the 46th day from the notice date of the suspension. A driver may request a judicial hearing to challenge a summary suspension within 90 days after the notice date. The hearing must be conducted within 30 days of the request or on the first court date scheduled to consider the criminal charges. During the hearing the judge listens to the evidence and decides:

1. Whether the person was properly placed under arrest for an offense as defined in 625 ILCS 5/11-501 of the Illinois vehicle Code (Driving Under the Influence of Alcohol/Drugs) or a similar provision of a local ordinance.

2. Whether the arresting officer had reasonable grounds to believe at the time of the arrest that the person was driving or in physical control of the vehicle while under the influence of alcohol and/or other drugs, or a combination thereof.

3. Whether the person was properly warned by the arresting officer as provided in 625 ILCS 5/11-501.1 of the Illinois Vehicle Code.

4. Whether the person refused to submit and/or complete the required chemical tests or tests, pursuant to 625 ILCS 5/11-501.1(d) of the Illinois Vehicle Code, upon the request of the arresting officer.

5. Whether the person submitted to the chemical test and or tests but the sample of his/her blood alcohol concentration did not indicate a blood alcohol concentration of .08 or more.

Judicial Driving Permits (JDP):

Drivers who have had their licenses suspended may be granted limited driving privileges. These temporary driving permits are only issued for employment, education, and medical purposes when no other form of transportation is available.

* Drivers under age 18 are not eligible for a JDP

* First-time DUI offenders may request a JDP from the court to allow limited driving during a Statutory Summary Suspension. (A first-time offender is a driver who has not received a previous summary suspension, been convicted of DUI or assigned court supervision for DUI in this state, or who has not been convicted of DUI in another state within 5 years)

* Before the court can approve a permit, the offender must prove a hardship exists, provide proof of a current professional alcohol and drug evaluation and present a letter of employment to the court.

* The JDP does not become effective until the 31st day of the suspension.

CENTRAL STATES INSTITUTE (CSI) OF ADDICTION ALCOHOL AND DRUG ASSESSMENT SERVICES: DUI Evaluation Appointments

DUI evaluations may be scheduled at one of six locations by calling the scheduling center at 312-948-6001. Llame el centra de pitas al 312-948-6001 para planificar una cita para evaluation de DUI.

Basic Speed Rule: A person shall not drive a vehicle upon any highway at a speed which is greater than is reasonable and proper with regard to traffic conditions and the use of the highway, or endangers the safety of any person or property. 625 ILCS 5/11-601(a).

1st or 2nd speed law offenses are Petty Offenses. A 3rd or subsequent speed law offense (within 1 year) is a Class C misdemeanor, 625 ILCS 5/16-10, year, not more than 30 days jail, 730 ILCS 5/5-8-3(a)(3). Driving > 40 MPH over the speed limit is a Class A misdemeanor, 625 ILCS 5/11-601.5, any jail term less than 1 year. 730 ILCS 5/5-8-3(1) Speed Restrictions, Illinois (625 ILCS 5/)

Statutory Speed Limit: 65 MPH: (1) on Illinois toll highways and (2) on highways that are divided and have at least 4 lanes 625 ILCS 5/11-601(b) & (d);
55 MPH on all other highways, roads or streets outside an urban district 625 ILCS 5/11-601(b) & (d) 55 MPH for Second Division Vehicles weighing >8,001 lbs. 625 ILCS 5/11-601(e);
30 MPH in an urban district, 625 ILCS 5/11-601(b) & (c)(1);
15 MPH in an urban district alley, 625 ILCS 5/11-601(b) & (c)(2).

The 65 MPH speed limit applies either (1) to vehicles which are designed to carry not more than 10 persons (First Division vehicles) or (2) to Second Division vehicles which have a goss weight of <8,000 lbs. A Second Division Vehicle is defined as one (1) designed to carry 10 or more persons, (2) use for living quarters, (3) designed to carry or pull property, freight or cargo and (4) a registered school bus regardless of the number of students it is designed to carry. 625 ILCS 5/1-217 & 5/11-601(d).

If you are arrested for Driving Under the Influence (alcohol, drugs or combination thereof) and fail a blood alcohol level test or refuse to submit to a test, your license will be suspended starting 46 days after the arrest. Before the suspension starts, you may request to have a hearing in court which will stop the suspension. Also, you may be eligible for a Judicial Driving Permit license for work or medical reasons while your license is suspended. If you go to court, you will appear before a judge. The judge will ask you if you are guilty or not guilty. The policeman who gave you the ticket will be there to testify.

You are entitled to a trial before a jury. You also are entitled to have a lawyer and to subpoena witnesses to testify for you, and to cross-examine any evidence presented against you. The judge will give you at least one continuance so that you may obtain a lawyer and interview potential witnesses.

If you are convicted of a DUI, your driver's license and driving privileges will be revoked for a minimum of one year for the first offense, five years for a second offense committed within a 20 year period, and 10 years for a third or subsequent offense. However, if you are under age 21 at the time of the DUI conviction, your driver's license and driving privileges will be revoked for a minimum of two years for your first offense; for five years or until your 21st birthday, whichever is longer, for your second offense; and for 10 years for a third or subsequent offense.

DUI CONVICTION: Driving under the influence of alcohol and/or any other drug(s) or intoxicating compound(s) that endanger safe driving will cause mandatory revocation of your driver’s license, plus criminal penalties of up to 364 days in jail and a fine up to $2,500. If you are under 21 at the time, you cannot get another license for 1 year after revocation. If you then meet conditions set by the Secretary of State, you can get a restricted driving permit, good for 1 year, that generally allows driving only between 5 a.m. and 9 p.m. After that, you can apply for (but are not assured of getting) a regular driver’s license.Those are the penalties for a first offense. For a second offense within 20 years, the same criminal penalties apply, your license will be revoked, and you cannot apply for another license for 5 years. You can also be sentenced to 48 hours in jail or 10days of community service. For a third conviction, which is a class 4 felony, you can be imprisoned up to 3 years and fined up to $25,000; your license will be revoked; and you cannot apply for another one for 10 years. For a fourth offense, you can be imprisoned up to 3 years, fined up to $25,000, and can NEVER AGAIN legally drive.

Sentence of Imprisonment for Misdemeanor (730 ILCS 5/Sec.5-8-3) A sentence of imprisonment for a misdemeanor shall be for a determinate term according to the following limitations: (1) for a Class A misdemeanor, for any term less than one year; (2) for a Class Bmisdemeanor, for not more than 6 months; (3) for a Class C misdemeanor, for not more than 30 days.

Authorized fines. (730 ILCS 5/Sec. 5-9-1.) (a) An offender may be sentenced to pay a fine which shall not exceed for each offense: for a Class A misdemeanor, $2,500 or the amount specified in the offense, whichever is greater; for a Class B or Class C misdemeanor, $1,500; (4) for a petty offense, $1,000 or the amount specified in the offense, whichever is less

Penalties for Possessing Marijuana

Amount in Grams* Max. prison Max Fines Assessment
Up to 2.5 30 days $1,500 $ 200
2.5 to 10 6 months $1,500 $ 200
10 to 30 364 days $2,500 $ 300
30 to 500 3 years $25,000 $ 500
500 to 2,000 5 years $25,000 $ 500
2,000 to 5,000 7 years $25,000 $ 1000
Over 5,000 15 years $25,000 $ 2000

* There are about 28 grams in an ounce.
Penalty is higher for a repeat offense.
Sources: 720 ILCS 550/4; penalties by class of crime stated in 730 ILCS 5/5-8-1, 5/5-8-3, and 5/5-9-1; and assessments required by 720 ILCS 550/10.3(a).

This general information about the law is not intended as legal advice about any particular problem. If you have a serious problem involving a traffic violation, you should consult a lawyer.

HIGH COURT APPROVES CUSTODIAL ARREST FOR NO SEATBELT

Decided April 24, 2001

The Fourth Amendment does not forbid a warrantless arrest for a minor criminal offense, such as a misdemeanor seatbelt violation punishable only by a fine. ATWATER v. LAGO VISTA (99-1408) 195 F.3d 242, affirmed. Argued December 4, 2000 -- Decided April 24, 2001. HTML VERSION.

The court ruled 5-4 in the case of a Texas woman handcuffed in front of her small children and briefly jailed for failing to wear a seat belt. Gail Atwater said the belts were unfastened only to help the family peer out for a distraught 4-year-old's lost toy. A police officer saw her as endangering her children and ordered her to jail.

Texas law makes it a misdemeanor, punishable only by a fine, either for a front-seat passenger in a car equipped with safety belts not to wear one or for the driver to fail to secure any small child riding in front. The warrantless arrest of anyone violating these provisions is expressly authorized by statute, but the police may issue citations in lieu of arrest. Petitioner Atwater drove her truck in Lago Vista, Texas, with her small children in the front seat. None of them was wearing a seatbelt. Respondent Turek, then a Lago Vista policeman, observed the seatbelt violations, pulled Atwater over, verbally berated her, handcuffed her, placed her in his squad car, and drove her to the local police station, where she was made to remove her shoes, jewelry, and eyeglasses, and empty her pockets.

Officers took her “mug shot” and placed her, alone, in a jail cell for about an hour, after which she was taken before a magistrate and released on bond. She was charged with, among other things, violating the seatbelt law. She pleaded no contest to the seatbelt misdemeanors and paid a $50 fine. She and her husband (collectively Atwater) filed suit under 42 U.S.C. § 1983 alleging, inter alia, that the actions of respondents (collectively City) had violated her Fourth Amendment right to be free from unreasonable seizure. Given her admission that she had violated the law and the absence of any allegation that she was harmed or detained in any way inconsistent with the law, the District Court ruled the Fourth Amendment claim meritless and granted the City summary judgment. Sitting en banc, the Fifth Circuit affirmed. Relying on Whren v. United States, 517 U.S. 806, 817—818, the court observed that, although the Fourth Amendment generally requires a balancing of individual and governmental interests, the result is rarely in doubt where an arrest is based on probable cause. Because no one disputed that Turek had probable cause to arrest Atwater, and there was no evidence the arrest was conducted in an extraordinary manner, unusually harmful to Atwater’s privacy interests, the court held the arrest not unreasonable for Fourth Amendment purposes.

Drug Roadblocks, 4th Amendment

Decided November 28, 2000

Indianapolis, et al. v. Edmond, James 99-1030: Are checkpoints at which law enforcement officers briefly stop vehicular traffic, check motorists' licenses and vehicle registrations, look for signs of impairment, and walk narcotics detection dog around the exterior of each stopped automobile unlawful under the 4th Amendment?

By a 2-1 vote, a 7th Circuit Court of Appeals panel found fault with the reasons Indianapolis gave for justifying its drug roadblock program. The majority identified four situations in which a random search might be constitutional:

1. A roadblock set up to catch a fleeing criminal, where there is a suspect--the police have identified the criminal and have only to find him--but it is infeasible to avoid an indiscriminate search of others.

2. A hypothetical dynamite case, where no specific person is under suspicion but the circumstances make it impossible to prevent a crime without an indiscriminate search.

3. A regulatory search, the objective of which is to protect a specific activity rather than to operate as an adjunct to general criminal law enforcement.

4. The prevention of illegal importation of people or goods.

Text of U.S.Supreme Court Opinion: On Nov. 28, 2000, the Supreme Court, by a 6-3 vote, affirmed, holding that because the checkpoint program's primary purpose is indistinguishable from the general interest in crime control, the checkpoints violate the 4th Amendment. Appealed from 7th Circuit Court of Appeals (183 F.3d 659)

Transcript of U.S.Supreme Court Oral Argument: Oct. 3, 2000 [PDF]

What is the difference between a suspension and a revocation?

Suspension means that you temporarily lose your driving privileges for a designated period of time or until you meet certain reinstatement requirements. Revocation means that your driving privileges are taken away indefinitely. If revoked, you may not reapply for your license for at least one year.

What is a Statutory Summary Suspension?

If you are arrested for driving under the influence of alcohol (DUI), the arresting officer will request that you submit to chemical testing. Refusal to submit to this testing will result in a six or 24-month suspension. Submission to testing that reveals a blood alcohol concentration of 0.08 or more or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis or a controlled substance will result in a three or 12-month suspension.

STATUTORY SUMMARY SUSPENSION LAW: If you are arrested and found to have a BAC of .08 percent or more and/or any trace of a controlled drug substance or cannabis (marijuana) in your body while operating a motor vehicle, your driving privileges will be suspended for at least three months. If you refuse to submit to testing, your driving privileges will be suspended for at least six months. If you are a second offender within a five-year period, your privileges will be suspended for at least 12 months if you fail or 24 months if you refuse the test. The officer will take your license at the time of the arrest and provide you with a temporary receipt allowing you to drive for 45 days. Your suspension begins on the 46th day from the notice date. When your suspension ends, you must pay a $60 reinstatement fee to terminate the suspension. If you are charged with DUI, your refusal to submit to testing may be used as evidence against you.

Rule 11.1 of the Circuit Court of Cook County changed the procedure for filing and scheduling hearings on Petitions to Rescind Statutory Summary Suspensions. Based on the changes, the petitions may be filed in Cook County courthouses other than the courthouse where the matter is pending

I received a Statutory Summary Suspension. When will it terminate?

Provided the minimum period of suspension has elapsed, the suspension will terminate after the required $60 reinstatement fee has been paid and the appropriate entry has been made to your driving record. During the period of this suspension, your driver's license is retained by the court wherein your DUI case was processed, and you will need to contact that court regarding the return of your driver's license.

How do I apply for a Judicial Driving Permit?

If you have a three or six-month Statutory Summary Suspension, you may contact the court wherein your DUI case was processed for information regarding the requirements for obtaining this type of permit. Upon receipt of a court order, and providing you are eligible, the Secretary of State will issue and mail the Judicial Driving Permit to you. If you need to apply for a corrected or duplicate Judicial Driving Permit, you may contact the court for the appropriate order.

What is a Zero Tolerance Suspension?

A driver under age 21 who is arrested for any violation of the Illinois Vehicle Code will be asked to submit to chemical testing if the arresting officer has reason to believe the driver has consumed any amount of an alcoholic beverage. Refusal to submit to this testing will result in a six or 24-month suspension. Submission to testing that reveals a blood alcohol concentration of more than 0.00 will result in a three or 12-month suspension.

What happens if I am convicted of DUI?

Driving under the influence of alcohol and/or any other drug(s) or intoxicating compound(s) that endanger safe driving will cause mandatory revocation of your driver’s license, plus criminal penalties of up to 364 days in jail and a fine up to $2,500. If you are under 21 at the time, you cannot get another license for 1 year after revocation. If you then meet conditions set by the Secretary of State, you can get a restricted driving permit, good for 1 year, that generally allows driving only between 5 a.m. and 9 p.m. After that, you can apply for (but are not assured of getting) a regular driver’s license.Those are the penalties for a first offense. For a second offense within 20 years, the same criminal penalties apply, your license will be revoked, and you cannot apply for another license for 5 years. You can also be sentenced to 48 hours in jail or 10 days of community service. For a third conviction, which is a class 4 felony, you can be imprisoned up to 3 years and fined up to $25,000; your license will be revoked; and you cannot apply for another one for 10 years. For a fourth offense, you can be imprisoned up to 3 years, fined up to $25,000, and can NEVER AGAIN legally drive.

If convicted of DUI while transporting a person under age 16, you will be fined a minimum of $500 and required to serve five days of community service in a program benefiting children.

A DUI also will subject you to high risk auto insurance rates for three years. Before your driving privileges are restored, you will be required to undergo an alcohol and drug evaluation and successfully complete a rehabilitation or an alcohol and drug education program and/or meet other requirements.

@ 730 ILCS 5/5-6-1 (2000) Disposition of Supervision

(c) The court may, upon a plea of guilty or a stipulation by the defendant of the facts supporting the charge or a finding of guilt, defer further proceedings and the imposition of a sentence, and enter an order for supervision of the defendant, if the defendant is not charged with a Class A misdemeanor, as defined by the following provisions of the Criminal Code of 1961: Sections 12-3.2; 12-15; 31-1; 31-6; 31-7; subsections (b) and (c) of Section 21-1; paragraph (1) through (5), (8), (10), and (11) of subsection (a) of Section 24-1; and Section 1 of the Boarding Aircraft With Weapon Act [720 ILCS 5/12-3.2; 720 ILCS 5/12-15; 720 ILCS 5/31-1; 720 ILCS 5/31-6; 720 ILCS 5/31-7; 720 ILCS 5/21-1; 720 ILCS 5/24-1; and 720 ILCS 545/1]; or a felony.

If the defendant is not barred from receiving an order for supervision as provided in this subsection, the court may enter an order for supervision after considering the circumstances of the offense, and the history, character and condition of the offender, if the court is of the opinion that: (1) the offender is not likely to commit further crimes; (2) the defendant and the public would be best served if the defendant were not to receive a criminal record; and (3) in the best interests of justice an order of supervision is more appropriate than a sentence otherwise permitted under this Code.

(d) The provisions of paragraph (c) shall not apply to a defendant charged with violating Section 11-501 [DUI provision] of the Illinois Vehicle Code [625 ILCS 5/11-501] or a similar provision of a local ordinance when the defendant has previously been: (1) convicted for a violation of Section 11-501 of the Illinois Vehicle Code [625 ILCS 5/11-501] or a similar provision of a local ordinance or any similar law or ordinance of another state; or (2) assigned supervision for a violation of Section 11-501 of the Illinois Vehicle Code [625 ILCS 5/11-501] or a similar provision of a local ordinance or any similar law or ordinance of another state; or (3) pleaded guilty to or stipulated to the facts supporting a charge or a finding of guilty to a violation of Section 11-503 of the Illinois Vehicle Code [625 ILCS 5/11-503] or a similar provision of a local ordinance or any similar law or ordinance of another state, and the plea or stipulation was the result of a plea agreement.

The 1999 amendment by P.A. 91-114, effective January 1, 2000, inserted "or any similar law or ordinance of another state" in subdivisions (d)(1), (d)(2) and (d)(3).

@730 ILCS 5/5-6-3.1 (Sec. 5-6-3.1) Incidents and Conditions of Supervision.

(a) When a defendant is placed on supervision, the court shall enter an order for supervision specifying the period of such supervision, and shall defer further proceedings in the case until the conclusion of the period.

(b) The period of supervision shall be reasonable under all of the circumstances of the case, but may not be longer than 2 years, unless the defendant has failed to pay the assessment required by Section 10.3 of the Cannabis Control Act or Section 411.2 of the Illinois Controlled Substances Act, in which case the court may extend supervision beyond 2 years.

(d) The court shall defer entering any judgment on the charges until the conclusion of the supervision.

(e) At the conclusion of the period of supervision, if the court determines that the defendant has successfully complied with all of the conditions of supervision, the court shall discharge the defendant and enter a judgment dismissing the charges.

(f) Discharge and dismissal upon a successful conclusion of a disposition of supervision shall be deemed without adjudication of guilt and shall not be termed a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime. Two years after the discharge and dismissal under this Section, unless the disposition of supervision was for a violation of Sections 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance, or for a violation of Sections 12-3.2 or 16A-3 of the Criminal Code of 1961, in which case it shall be 5 years after discharge and dismissal, a person may have his record of arrest sealed or expunged as may be provided by law. However, any defendant placed on supervision before January 1, 1980, may move for sealing or expungement of his arrest record, as provided by law, at any time after discharge and dismissal under this Section. A person placed on supervision for a sexual offense committed against a minor as defined in subsection (g) of Section 5 of the Criminal Identification Act or for a violation of Section 11-501 [DUI provision] of the Illinois Vehicle Code or a similar provision of a local ordinance shall not have his or her record of arrest sealed or expunged.

How can I pay a driver's license reinstatement fee owed to the Secretary of State's office for a suspension or revocation?

A $30 or $60 reinstatement fee for a suspension or a $60 reinstatement fee for a revocation can be paid through the mail with a check, cashier's check or money order made payable to the Secretary of State with the affected driver's license number written on the front of the fee.The mailing address is Secretary of State, Driver Services Department, 2701 S. Dirksen Parkway, Springfield, Illinois 62723. Sending the fee via an overnight letter service offered by the Postal Service or a private carrier can expedite the processing of the transaction. Thirty dollar suspension fees and $60 revocation fees can be paid over the telephone using a Visa, Mastercard or Discover card by calling 217-785-8619.

The $60 fee for a Statutory Summary Suspension for failing or refusing a chemical test and the $30 Zero Tolerance Suspension fee can be sent to the DUI Processing Section at the address above. To pay this type of fee with a Visa, Mastercard or Discover card, please call 217-782-3619.

A $30 fee for a suspension can be paid in person at Springfield office or at the Chicago Public Service Center in Room 411 of the Chicago Traffic Court Building at 321 N. LaSalle in Chicago. This fee also can be paid in person at any of the following driver services facilities: Bloomington, Carbondale, Champaign, Chicago Heights, Deerfield, Effingham, Elgin, Granite City, Lombard, Midlothian, Moline, Naperville, Rockford or Schaumburg. For information on facility hours and addresses, please call either the Secretary of State's toll-free number at 1-800-252-8980 or the Secretary of State's Chicago Information Line at 312-793-1010.

My driving privileges are suspended. Am I eligible for a Probationary License?

To be eligible for a Probationary License, you must be suspended for three months or less for being convicted of three moving violations in a 12-month period. You must have a driver's license that is not expired in your possession, and you must be at least 18 years of age. You also must attend a four-hour Defensive Driving Class. A Probationary License will not restrict you to driving during certain hours or within a certain radius. For more information, call the Special License and Re-Examination Unit of the Secretary of State's office at 217-782-6901.

I am a CDL license holder and my driving privileges are suspended. Am I eligible for a Restricted Driving Permit for occupational drivers?

To be eligible for a Restricted Driving Permit for occupational drivers, you must be suspended for 12 months or less for being convicted of three moving violations in a 12-month period. You must be at least 18 years old and have your driver's license in your possession. You must drive a commercial vehicle in connection with your regular occupation. The cost is $8.00.

I'm a new Illinois resident. How do I get a driver's license and automobile registration?

As a new Illinois resident, you may continue to drive on your valid out-of-state driver's license for 90 days. To obtain a new driver's license, you must visit a driver services facility to surrender your out-of-state license and pass a vision screening, written exam and possibly a drive exam. You must change your vehicle registration within 30 days by filling out a form at a driver services facility.

What can I do if I don't receive my license plate sticker renewal notice before it expires?

Visit your nearest driver services facility (outside Cook County) to obtain a registration application, or call 1-800-252-8980. If you reside in the Chicago area, call 312-793-1010.

I received an enforcement notice in the mail for a parking ticket that I believe was not issued to my vehicle. What can I do to contest this action?

If the ticket notice is from the City of Chicago, you can work with the city to request a mail-in hearing to have a city hearing officer review the ticket to determine proper liability. To do so, you will need to send a written request for a mail-in hearing to the City of Chicago, Bureau of Parking Enforcement, Room 540, 333 S. State Street, Chicago, Illinois 60604. Accompanying your request should be proof that the vehicle described in the ticket enforcement notice is not your vehicle, such as a copy of your vehicle's license registration card, or proof that your vehicle was not at the place indicated on the ticket at the stated time, such as a copy of your time sheet from work or a letter from your employer. For more information on contesting a Chicago parking ticket, residents of the (312), (708) and (847) area codes may call the City of Chicago at 312-744-2668; all other Illinois residents can call toll-free 1-800-336-2446. If the ticket notice is from another municipality, the ticket often can be contested in a manner similar to that of Chicago tickets.

I have moved out-of-state and wish to obtain a new license. The licensing authorities in that state require that I provide them with a letter of clearance as proof that my Illinois license is valid. How can I obtain a clearance letter?

All states were notified that as of Oct. 1, 1997, Illinois no longer issues clearance letters. States should perform record checks through the Problem Driver Pointer System. If the other state's licensing authority insists on having written proof of the validity of your driving privileges, you may obtain a copy of your driving record.

I was hit by an uninsured motorist who was at fault in the crash. Can something be done to help me collect damages?

You should submit an Illinois Crash Report to the Illinois Department of Transportation Accident Report Office, 3215 Executive Park Drive, Springfield, Illinois 62766, 217-782-4516. In the report you should indicate that the party was uninsured and request that the case be certified to the Secretary of State for suspension under the Safety and Financial Responsibility Law. Once the case is certified, the Secretary of State will suspend the driver's license of the at-fault uninsured driver and the license plates of the uninsured owner involved in the crash. The suspension will remain in effect until restitution is made to you or until other requirements set by statute are met. Another option available to you is to file a court judgment against the uninsured motorist. If the judgment remains unsatisfied for 30 days, you may submit it to the Secretary of State for suspension. For additional information, contact the Safety and Financial Responsibility Section, 2701 S. Dirksen Parkway, Springfield, Illinois 62723, 217-782-3720.

  1. Illinois DUI and Summary Suspension cases
  2. Cook County Circuit Court : The Circuit Court of Cook County has a Web site, one "developed by the Office of the Chief Judge to make court information easily accessible to both the public and the legal profession," the court announced.
  3. Links: Criminal, DUI & Traffic Law

 

 

 

 

 

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Updated: Sunday August 3, 2008
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