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Chicago Driving on Suspended or Revoked License Lawyer

young woman behind the wheel holding her head

Is Driving On A Suspended License a Criminal Charge?

In Chicago and the rest of Illinois, driving while a driver’s license is suspended or revoked is codified under Section 625 ILCS 5/6-303 of the Motor Vehicle Code. 

The consequences of being arrested and subsequently convicted for this seemingly innocuous offense carry many penalties. Depending on the underlying reasons for the suspension or revocation and the number of prior convictions in the person’s background, a sentence can range from paying fines for a traffic ticket and receiving court supervision or, in some rare instances, facing prison time of up to 30 years.

If you or someone you know has been arrested for driving while a driver’s license is suspended or revoked, you need a skilled traffic lawyer to help you with your driving ticket. 

Chicago Premier Attorney Mitch Furman has over 20 years of trial experience defending clients in Cook County and surrounding Chicago suburbs. 

What is the difference between a suspended and revoked license?

The main difference between a suspended and revoked driver’s license lies in the duration and permanence of the interruption in your driving privileges.

It is usually much easier to reinstate your driving privileges when the license is suspended by waiting out a suspension period or paying a fine. 

However, if your driving privilege is revoked, you must have a Secretary of State Formal Hearing to get reinstated.

What is a suspended driver's license?

A suspended license is a temporary abatement of a person’s driving privileges. It can occur for various reasons, including accumulating too many traffic violations, driving without proof of insurance, or being convicted of driving under the influence of alcohol (DUI). 

The period for which a license is suspended can vary greatly, depending on the reason for the suspension and the individual’s driving history. During a suspension, the individual is not legally allowed to operate a motor vehicle.

After the suspension period is over and any required conditions are met (such as paying a reinstatement fee or completing community service), driving privileges can be restored.

what is a revoked driver's license?

On the other hand, a revoked license signifies a complete termination of an individual’s driving privileges. License revocation can result from more serious offenses, such as repeat DUI convictions, or a criminal offense, such as reckless homicide involving a motor vehicle. 

Unlike a suspension, revocation generally lasts longer and can be permanent in some cases. To regain driving privileges after a revocation, an individual must undergo a more demanding license reinstatement process, which often includes appearing before the Secretary of State Administrative Hearings for a Formal Hearing. 

Even if reinstatement is granted, the individual may have to meet stringent conditions and prove that they no longer threaten public safety. These include driving on a hardship license during certain days of the week and having a breathalyzer alcohol ignition device installed in their vehicle.

photo of a court house

Legal penalties

Individuals caught driving with a suspended or revoked license in Chicago can face significant legal penalties. Depending on the circumstances of the offense and the individual’s driving record, these penalties can range from misdemeanor to felony charges. 

More often, legal penalties typically include:

  • Costly fines.
  • Further extension of license suspension or revocation period.
  • The imposition of multiple hours of community service.
  • A formal or informal hearing is required before driving privileges are restored. 

In addition to the initial fines, individuals may be responsible for paying a license reinstatement fee to the Illinois Secretary of State’s office before regaining their driving privileges. 

Consequences of driving with a suspended or revoked license

Driving with a suspended or revoked license can result in negative repercussions and criminal penalties, impacting not only one’s driving privileges but also potentially having long-term legal and financial consequences.

These penalties demonstrate the severity with which  Illinois treats such infractions and underline the importance of adhering to driving laws. 

Operating a motor vehicle is deemed illegal once your license has been suspended or revoked. In Chicago, as in the rest of Illinois, authorities enforce these laws to maintain public road safety and deter traffic violations that could compromise the well-being of all road users.

Second offense penalties

When a driver commits a second offense of driving with a suspended or revoked license in Chicago, the penalties typically become more severe. At this stage, drivers may face more extended periods of suspension or revocation, more significant fines, and increased chances of jail time. Additionally, the court may mandate that the defendant perform many hours of community service.

If someone is arrested for driving on a suspended license due to a DUI, the judge must impose a sentence of 30 days in jail. 

Individuals in this position must consult with a seasoned driving on suspended license lawyer to understand the specifics of their case and to construct a defense that may help mitigate these penalties.

Third offense penalties

A third offense of driving with a suspended or revoked license further escalates the gravity of the situation. Illinois state law may consider this a repeat offense and apply even harsher penalties that can significantly impact an individual’s personal and professional life. 

These penalties may include upgraded felony charges and lengthy prison sentences. The driver’s license may also face a longer period of revocation, and reinstatement may become increasingly difficult.

Fourth offense penalties

Upon the fourth conviction of driving with a suspended or revoked license, individuals face severe penalties that reflect their repeated disregard for traffic laws and public safety. Police officers and the courts treat these offenses with utmost seriousness, perhaps categorizing them as felonies, especially if the circumstances involve aggravating factors such as reckless homicide. 

The penalties for a fourth offense are designed to be particularly punitive, as they aim to penalize and prevent further unlawful behavior.

For individuals facing any level of offense for driving with a suspended or revoked license in Chicago, securing representation from an experienced criminal defense attorney, Mitch Furman, is strongly advised. 

Hands gripping prison bars, illustrating a criminal case

Potential imprisonment

You risk imprisonment if you drive with a suspended or revoked license in Chicago. The duration of potential jail time varies depending on the case’s specific details, including whether it is a first-time or repeated offense and whether the person was involved in an accident while driving without a valid license. 

In some instances, drivers may be sentenced to days, months, or even years in jail, particularly if their driver’s license revocation was a result of a DUI or reckless homicide. 

For instance, repeat offenders who were previously convicted of reckless homicide in addition to 3 or more subsequent convictions for driving on a revoked license can be sentenced under 625 ILCS 5/6-303(d)2.5 as a class 1 felon, for an extended period of incarceration of up to 30 years. 
Chicago Premier Attorney Mitch Furman may be able to negotiate alternative punishments, such as community service instead of jail time.

Potential defenses for driving with a suspended or revoked license

When charged with driving on a suspended or revoked license, there are potential defenses an experienced attorney might consider. Traffic ticket defense lawyer Mitch Furman will evaluate the specific circumstances of the case and will formulate a defense strategy tailored to your case. 

Emergency circumstances

Emergency circumstances refer to situations where there is an urgent need for immediate action to prevent significant potential harm or to ensure the safety and well-being of individuals or the public. Such circumstances may arise from various scenarios, including, but not limited to, natural disasters, medical emergencies, threats to public safety, or other critical incidents requiring prompt response.

At the Law Offices of Mitch Furman, we offer top-notch legal representation and guidance through the complexities of the reinstatement and hearing processes, assuring our clients of a favorable outcome to potentially restore driving privileges.

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