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(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.
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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 drivers 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 drivers
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.
Ü 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, 817818, 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 Atwaters
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 drivers
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 drivers
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.
- Illinois
DUI and Summary Suspension cases
- 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.
- Links:
Criminal, DUI & Traffic Law
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