What’s the difference between driver’s license suspension and revocation in Illinois? Contact us for a free consultation.
Understanding the distinction between a driver’s license suspension and revocation is crucial. Both result in losing your driving privileges but have different implications and processes. At Schierer & Ritchie LLC, we aim to clarify these legal terms under Illinois law.
Contact us today for a free consultation, and let us help you prepare for your hearing and protect your rights.
What is a Driver’s License Suspension?
A driver’s license suspension is a temporary withdrawal of your driving privileges by formal action of the Secretary of State. According to Illinois law 625 ILCS 5/1-204, suspension is defined as:
“[t]he temporary withdrawal by formal action of the Secretary of a person’s license or privilege to operate a motor vehicle on the public highways, for a period specifically designated by the Secretary.”
Key Points About Driver’s License Suspension
- Temporary Nature: The suspension period is temporary, and driving privileges are reinstated after it ends.
- Reinstatement Process: After the suspension period, you must pay the required license reinstatement fee to regain driving privileges.
- Ongoing Suspension: If you do not pay the reinstatement fee after the suspension period lapses, your suspension remains in effect. If the fee is unpaid, you could be charged with driving on a suspended license even after the suspension period has ended.
Legal Precedent:
- In People v. Martinez, the Illinois Courts upheld that the suspension remains in effect until the reinstatement fee is paid, regardless of the suspension period’s lapse (184 Ill. 2d 547, 552, 705 N.E.2d 65, 67 (1998)).
What is a Driver’s License Revocation?
Revocation is a more severe action where your driving privileges are terminated. Illinois law defines revocation as:
“The termination by formal action of the Secretary of a person’s license or privilege to operate a motor vehicle on the public highways, which termination shall not be subject to renewal or restoration except that an application for a new license may be presented and acted upon by the Secretary after the expiration of at least one year after the date of revocation.”
Key Points about Driver’s License Revocation
- Permanent Nature: Revocation is permanent, and you lose your driving privileges indefinitely.
- Reapplication Process: After the revocation period, typically one year, you must formally request the reinstatement of your driving privileges. This process is not automatic.
- Hearing Requirement: You must file a formal hearing request with the Secretary of State, pay the filing fee, and appear before a hearing officer who will decide if your driving privileges should be restored.
Legal Precedent:
- In People v. Suddoth, it was established that driving privileges are not automatically restored after the expiration of the revocation period, and individuals must reapply and qualify for a new license (52 Ill. App. 2d 355, 358, 202 N.E.2d 120, 123 (1st Dist. 1964)).
Preparing for a Formal Hearing
The preparation for a formal hearing to reinstate your driving privileges after a revocation involves several critical steps:
- Gathering Evidence: The evidence required varies based on why your license was revoked.
- Understanding the Process: Knowing what to expect during the hearing is essential.
- Legal Representation: Given the seriousness of the matter, having experienced legal representation can significantly impact the outcome.
Why Legal Assistance is Crucial
Navigating the complexities of medical bill payments and settlements can be daunting. This is why seeking legal assistance immediately after an accident is essential. At Schierer & Ritchie LLC, we specialize in helping individuals injured in automobile accidents. We will review your case for free and work on a contingency basis, meaning we only receive a fee if you recover money for your injuries.
Contact Us Today
If you are facing a driver’s license suspension or revocation, it is crucial to seek professional legal assistance. At Schierer & Ritchie LLC, our experienced attorneys can help you navigate the complexities of the formal hearing process and increase your chances of regaining your driving privileges. Contact us today for a free consultation, and let us help you prepare for your hearing and protect your rights.
