tRAFFIC
GENERAL TRAFFIC LAWS
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Revocation and Suspension
Mandatory
625 ILSC 5/6-205
This section involves revocation for conviction of certain offenses such as use of a motor vehicle in a felony, 3 reckless driving charges within 12 months, etc. A restricted driving permit may be issued for these offenses, but the revocation may not be reduced or modified. Revocation by the SOS is immediate upon notice of conviction. Special provisions apply to a person under 21 years of age who is convicted of these offenses: 625 ILCS 5/6-205(d). Offenses, length of mandatory suspension and reinstatement requirements are listed in the index.
625 ILCS 5/6-306.5
Upon notice from a municipality that an owner of a registered vehicle has 10 or more "standing or parking" violations the SOS shall notify the owner of the intent to suspend privileges. Suspension will occur automatically unless the owner pays the fines to the municipality OR the owner requests a hearing in writing to the SOS with a payment of $10. The hearing will be limited to the issue of whether the municipality informed the driver of the tickets. No driving relief is available.
Discretionary
625 ILCS 5/6-206
This section involves 33 lesser offenses for which a driver MAY have a license suspended or revoked. Professional driving privileges may be retained if the conviction falls under 6-206 (3 offenses within 12 months). These offenses, the length of suspension and reinstatement are listed in the index.
The period may be reduced for good cause, considering:
- Prior revocation or suspension
- Seriousness of the offense(s)
- Whether the person can demonstrate that there is a low risk for repeating the offense in the future
Typically, reductions require extraordinary circumstances.
Reinstatement
625 ILCS 5/6-208
Reinstatement is not automatic and must be applied for on a form supplied by the SOS.
- A driver is eligible to apply for reinstatement upon completion of the suspension period and payment of reinstatement fee or upon removal of the cause for revocation;
- Reinstatement for revocation shall occur ONLY after a hearing and a determination by the SOS that the driver will not endanger the public welfare;
- Most people are eligible to apply for reinstatement one year from the effective date of a suspension, except for a second arrest and conviction of DUI, leaving the scene of a reckless homicide, or a second accident involving death or bodily injury. In these cases the mandatory suspension period is three years and upon a third conviction, six years;
- A driver under the age of 21 whose license is revoked for DUI will be eligible after a period of one year to apply for a restricted license only. One year from this date the driver may apply for a full license. This may be granted or the SOS may extend the restricted permit for an additional 12 month period until the driver is 21.
Safety Responsibility Law
Suspension
625 ILCS 5/7-205
Upon notification of a determination that an accident occurred involving bodily injury or death or property damage in excess of $500 and where no insurance is indicated in the accident report, the State may require that security be paid by the operator or owner of vehicle involved in the accident. 5/7-201. With some exceptions under 5/7-202, if security is not paid and there is a reasonable likelihood that a civil judgment could be entered, the SOS shall so inform the owner and operator of the vehicle that the license will be suspended within 45 days of date of mailing of the notice unless either security or liability insurance is paid. The security shall not be less than $500. No driving relief is available but a hearing may be requested to contest the preliminary finding, amount of damage assessed, or for exoneration if the client is not actually guilty of the violation.
Reinstatement
A driver may be reinstated by proving any of the following:
- Release from liability (covenant not to sue) 625 ILCS 5/7-207
- Adjudication of non-liability 625 ILCS 5/7-208
- Installment agreement to pay the agreed amount of damages 625 ILCS 5/7-208
- Proof of payment of judgment, or payment of maximum statutory security deposit, 625 ILCS 5/7-209
- Notice of Bankruptcy
- Letter from an insurance company confirming coverage of both the owner and operator at time of accident
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