A person that is driving with a suspended or revoked license can be charged with the crime of Driving with Suspended or Revoked License. The penalties for this crime can become increasingly severe as the number of convictions you get increases. The penalties can start with things like fines, probation and/or community service and can increase to substantial jail time in the county jail. If you’ve been convicted of a DUI, then driving with a suspended licensed is a felony. The penalties for this can be penitentiary time.
Strategies to Defending this charge are as follows:
- The first strategy is to challenge the reason behind the initial stop by the police officer. Often police pull over cars for ambiguous reasons that can be challenged in court. The police need probably cause(a legitimate traffic offense) to pull you over. If there is an improper stop by the police, this charge can be thrown out.
- The police need to see you driving on a street or highway of the state. The definition of the street or highway of the state could potentially give you factors to defend your case. This includes places like your own driveway, private and in some cases public parking lots and private land.
- Another important strategy is to try and remove the basis for the suspension or revocation of the license. This can result in the dismissal or mitigation of the current charge.
- An attorney can help negotiate with a prosecutor getting penalty reduction.
According to Illinois law, a driver’s license may be subject to suspension or revocation for a variety of reasons including: multiple traffic tickets, DUI charges, reckless driving or leaving the scene of the accident. Some examples of violations that will result in a suspended license are as follows:
- 3 moving violations within 12 months, if the driver is over 21 years of age
- 2 moving violations within 24 months, if the driver is under 21 years of age
- Being charged with or convicted of Driving Under the Influence of drugs or alcohol (DUI)
- Statutory summary suspension for failing a blood alcohol test
- Statutory summary suspension for refusal to submit to a blood alcohol or other requested chemical (drug) testing
The Illinois Secretary of State assigns points to driver’s licenses based upon the severity of the infraction. The number of points on a license is a factor in determining the length of time a driver’s license will be suspended or revoked. Points are assigned per violation.