Illinois Driver’s License Hearings
Illinois law makes a driver’s license “mandatory” under certain circumstances, and you may hear these suspensions referred to as “summary” or “automatic”.
Don’t be misled.
While it’s true that certain actions or convictions trigger a notification to the Secretary of State which results in an automatic driver’s license suspension, you may still be able to fight the suspension.
Breathalyzer Refusal Suspensions
Although state law mandates a 12-month driver’s license suspension for breath test refusal, an Illinois driver whose license is suspended under this law has 90 days in which to request a hearing on the suspension.
The suspension can be challenged only on specific listed grounds. Some of the most significant include:
- Lack of sufficient grounds for the officer to have believed that you were operating a vehicle under the influence
- Failure of the officer to advise you of the consequences of refusing the breathalyzer test
- Inability to make a knowing refusal (for example, if you were unconscious)
Since these hearings are narrowly focused on technical issues, it’s in your best interests to leave them in the hands of an experienced criminal defense attorney like George P. Kallas. He’ll identify any possible grounds for challenging your suspension and ensure that all procedural requirements are fulfilled to give you the best chance of reclaiming your driving privileges.
Contact the firm online or call 630-479-7100 to schedule a free consultation.
Other Driver’s License Suspensions and Revocations
There are a number of other reasons that your Illinois driver’s license may be suspended. Some of the most common reasons for suspension include:
- Chemical test failure/DUI conviction;
- Excessive moving violations;
- Excessive unpaid traffic tickets;
- Seriously delinquent child support obligations; and
- Toll violations.
The procedures for challenging a driver’s license suspension and your options vary depending upon the nature of the suspension.
If your driver’s license is suspended and you’d like to challenge the suspension, George P. Kallas can determine whether an administrative or court proceeding is your next step and guide you through the appropriate process. Strict deadlines apply in many cases, so don’t delay—schedule your appointment right now.
Hardship and Restricted Licenses in Illinois
Depending on the reason for the suspension, you may be able to petition to have your driver’s license reinstated, or for a restricted driving permit.
The required procedures differ depending upon the reason for the suspension and the level of risk as defined by the Secretary of State.
To qualify for a restricted driving permit, you must establish that you need to drive for one of a small number of specific purposes, including work, medical appointments, child care, and alcohol awareness classes (if your driver’s license is suspended or revoked for driving under the influence).
The analysis includes not only your own transportation needs, but those of family members and elderly or disabled people who are dependent on you for transportation. However, establishing a need is not in itself sufficient to ensure that you will be awarded restricted driving permit.
If your driver’s license is suspended and you want to petition for reinstatement or for a restricted driving permit, give yourself the best possible chance to be among those whose petitions are granted. A successful petition requires an understanding of both the substantive requirements and the proper procedures for persuading a hearing officer that your license should be reinstated or you should be granted a restricted license.
The Law Offices of George P. Kallas has the knowledge and experience to give you that edge. Call today at 630-479-7100 to learn more about how he can help.