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tRAFFIC
Duration of Suspension
625 ILCS 5/7-211
If the client has not reinstated, the client may prove to the SOS by affidavit that two years have passed since the date of accident and that no claim has been filed; if a claim has been filed, the claim has been satisfied; or the client may terminate a suspension after 5 years if the SOS has not received documentation that any action has been filed.
625 ILCS 5/7-216
If the driving privileges of an Illinois resident are suspended in some other state under circumstances relating to an auto accident and if the circumstances would require suspension in Illinois, the SOS shall suspend the Illinois license until the resident supplies proof of compliance with the law of the other state.
Proof of Financial Responsibility for the Future
"Proof of responsibility for the future" is required of persons whose license or driving privileges have been revoked or who owe judgments for damages arising from a traffic accident in excess of $500 under the following statute.
Suspension
625 ILCS 5/7-303
Driver's licenses, registration, stickers and plates may be suspended for 30 days for failure to satisfy final judgment resulting from a motor vehicle accident in excess of the following amounts:
- $20,000 for injury or death to one person
- $40,000 for injury to 2 or more persons
- Property damage in excess of $15,000 in one accident
An exception exists in this statute where judgment debtor's insurance company has gone out of business and debtor has secured another policy. See 5/7-303.
Termination of Suspension
625 ILCS 5/7-309
Suspension shall continue until the judgment is satisfied or set aside and the debtor has established proof of responsibility for the future. Driving relief is not available.
Judgment Satisfied
- Proof of satisfied judgment may be provided
- Vacation of judgment may be provided if entered ex-parte
- Showing that 7 years have passed and judgment has not been revived (certified copy of court docket or half-sheet will suffice)
- Discharge of judgment in bankruptcy
- Judgment shall be deemed satisfied for termination of suspension when payments credited to debtor have reached the following amounts:
- $20,000 for injury or death to one person
- $40,000 for injury or death to 2 or more persons
- Property damage payments in the amount or $15,000 (5/7-311)
- Installment payment schedule set by trial court is acceptable under 5/7-312 but where the payment agreement is breached, a suspension shall occur
Actual Proof of Responsibility for Reinstatement
625 ILCS 5/7-302
Proof must be provided of the ability to respond to damages in the amounts of $20,000 for one individual killed or injured, $40,000 for injury or death to two or more individuals, and $15,000 worth of property damage. Proof consists of one of the following:
- Certificate of insurance (written certificate by insurer that policy is in effect (5/7-315)
- Bond (See 5/7-320)
- Deposit of money or securities with the state (See 5/7-323).
Note: if the judgment is more than 20 years old, the SOS may terminate a suspension without proof of satisfaction of judgment or proof of financial responsibility (5/7-309).
Family Financial Responsibility Law
625 ILCS 5/7-702
License may be suspended for non-payment of child support where the obligor is more than 90 days delinquent. There must be an adjudication of arrears and a finding of contempt.
Driving Relief Available
625 ILCS 5/7-702.1
Since the intent of the law is to obtain support, an obligor may obtain a permit to drive to work, to medical appointments or drug treatment for self or family.
Termination of Suspension
625 ILCS 5/7-704
The SOS will require a form report from the circuit court clerk that the obligor has complied with the court order of support before the license will be restored.
Administrative Hearing
625 ILCS 5/7-706
A driver may request a formal hearing under 625 ILCS 5/2-118. The scope of hearing will be limited to:
- Whether the driver is the actual obligor
- Whether the obligor is 90 days delinquent and in contempt
- Whether a superseding order of support has been entered
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Operation of Uninsured Vehicle
625 ILCS 5/3-707
- Any person who fails to produce proof of adequate insurance to an officer of law when it is requested is "deemed to be operating an uninsured vehicle." See 625 ILCS 5/7-601;
- If person has insurance and produces proof in court that at the time of the stop the vehicle was insured, no conviction shall result;
- If person has no insurance, conviction under this statute results in a fine of $500 to $1000.
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