The initial aftermath of getting your license suspended is a confusing time. After all, you just went from having a valid driver license to having an active suspension on your driving history. Along with paying a suspension termination fee, submitting proof of insurance, and meeting various reinstatement requirements, you will be required to attend a reinstatement hearing to prove that you are ready to have regular driving privileges again.
All of this can be overwhelming to deal with on your own, which is why it is so highly recommended to work with an experienced lawyer throughout this time. They can help you navigate the legal system as stress-free as possible, helping you work through the process seamlessly.
If you are dealing with an active suspension call The Law Office of Peter A Buh today at (708) 274-4499. Our drivers license reinstatement attorneys will handle your case with the attention it deserves and get you back on the road as quickly as possible.
Understand the Reason for the Suspension
The very first thing that you need to do when you realize that your license has been suspended is to check the suspension notice and figure out why it was suspended. There are a lot of different types of suspensions that you can receive in the state of Illinois which can range in length from a few months to a one-year suspension to more than a 10-year suspension and each has different reinstatement requirements.
In Illinois, the most common reasons for a license to be suspended are traffic violations or DUIs. For example, suspension for accumulation of points on your driver's license or not having SR-22 insurance for your motor vehicle can result in a mandatory suspension.
However, there are various other reasons that you may lose your driver's license:
- Child Support Suspension
- Suspension for failure to appear in court
- Administrative Review Suspension
- Suspension from Conviction (Criminal)
- Suspension for Accumulation of Points
- Accident Claim Revocation
- Suspension - Failure to follow court orders
The reason for the suspension impacts the period of time that your license will be suspended and the reinstatement requirements once the suspension period is over. For example, more minor charges involving traffic offenses have much lower reinstatement requirements than a criminal case like a DUI.
Review Suspension Notice
After you have figured out why your license was suspended, you will want to make your way over to the DMV and ask them for a copy of your driving record. Your driving record will have your license status and along with that, your suspension notice. If your violation involves criminal matters like your bodily alcohol content level you will need to check with a law enforcement officer to get the records of that incident.
The cancellation notice should say the type of violation as well as the mandatory revocation period for your charge. The suspension period is the length of time that you have to wait before you are eligible to apply for your administrative hearing and start fulfilling the requirements for reinstatement.
If you choose not to follow the court orders, then you can receive additional suspensions on top of your original suspension. This will keep you from regaining your regular driving privileges for even longer.
Know Your Rights
During this time, you should familiarize yourself with your rights and obligations according to the law. Some of the things that you should learn about are the different deadlines that you will be required to meet, from responding to suspension notices to paying your suspension termination fee. In addition to this, you should learn about your options in terms of contesting the suspension and what the legal consequences are if you don't.
If you do not believe that the license suspension is correct and that you were charged incorrectly, you can work with an attorney to contest the charges. An experienced attorney will be able to help you organize your case so that you have a chance of getting your suspension removed from your driving record.
Even if you are not able to contest the suspension, an attorney can help you get everything in order so you can fulfill the reinstatement requirements once you are eligible. This is even more important if you have gotten a suspension from conviction of a crime as the reinstatement process becomes more complicated with more reinstatement requirements.
Contact an Attorney
Once you have done the work to familiarize yourself with your case, it is time to get in contact with an Illinois drivers license suspension attorney. While you are not obligated to have an attorney for the reinstatement procedures, it is extremely helpful to work with one. Attorneys are professionals who have worked in the field for many years and have an intimate understanding of how reinstatement procedures work. Collaborating with a lawyer will give you access to years of knowledge and all the handy legal tips that you could need to get your driving record back in order.
You will want to make sure that you pick the correct attorney for your case. If you are dealing with a traffic citation, then an attorney who focuses on traffic cases will be the way to go. If your suspension came from a DUI, reckless driving, or other criminal offenses then you will want to seek out a criminal defense attorney to help build your case.
Gather Relevant Documents
Now that you have started to collaborate with an attorney, you will need to start to gather your documents for reinstatement. These documents will include your traffic tickets, court orders, correspondence from the DMV, and any additional documents your attorney suggests.
Collect any documentation related to your license suspension, including traffic tickets, reports from the law enforcement agency, court orders, and correspondence from the DMV. If you were required to complete any courses you will want to have proof of compliance or completion, especially with suspensions regarding blood alcohol content. In the case of a DUI, you may also want to bring proof of enrollment in a long-term therapeutic program and proof of ignition interlock installation on your vehicle.
You may also need things like proof of liability insurance or SR-22 insurance. This is the minimum level of insurance required by the state to drive and proof of this can be shown by an SR-22 form.
Explore Reinstatement Options
As part of the reinstatement procedures to get your license reinstated, you will need to apply for a hearing with the Office of Motor Vehicles. The majority of these are considered to be informal hearings where you only have to meet with a hearing officer. If the suspension involved criminal offenses, you may have to go for a formal hearing before they will allow your license to be reinstated.
Restricted License
In the case that you have not completed the mandatory suspension time on your driver record, you may be able to apply for a restricted license.
There are a few different reasons that you can apply for a restricted license in the state of Illinois, but almost all of them are related to hardship. If you live in a rural area where public transportation isn't available and are having difficulty getting to and from school or work, you may be able to apply for a restricted license.
In the case of a simple traffic citation, these involve strict schedules where you are only able to drive during certain hours. In the case of a DUI on your driver's record, you may also have to use an ignition interlock device before you can start your motor vehicle. The ignition interlock device will check your blood alcohol content each time you try to start your vehicle and will block ignition if your blood alcohol is too high. This allows you to avoid another alcohol violation while you are driving with a restricted license.
Even if you can't get a restricted license, you'll need to know about the process for reinstating your license, including requirements, SR-22 insurance, payment of applicable license reinstatement fees, and necessary paperwork. All of this information should be available to you from the Office of Motor Vehicles and your law enforcement officer.
Address Underlying Issues
Before you can start the process, there are some basic things that you'll need to address for reinstatement purposes.
First, before you will be able to get your license reinstated you will need to provide proof of insurance. You may notice that your initial insurance premium is higher than it was before, but this is because the insurance company is basing that off the violations on your record.
You will also want to make sure that you don't have an unpaid traffic ticket, traffic citation, traffic summons, or any other reinstatement requirements lingering on your driving record.
For criminal cases, most of the time you will be required to do some additional courses. For an alcohol violation, you will likely need to do additional reinstatement requirements like an alcohol education course and alcohol counseling before you are allowed to reapply. If you were required to use an ignition interlock on your vehicle you will want to make sure you document proof of ignition interlock installation to show to your hearing officer later on.
For careless driving behavior or a motor vehicle crash, you may also be required to complete reeducation courses and traffic survival school to make sure that you have the driving skills needed to be safe on the road. In the case of not paying child support, you will need to demonstrate financial responsibility to the child support enforcement agencies.
Submit the Application and Appear in Court
After submitting your application you will await word from the Office of Motor Vehicles regarding when you will meet with your hearing officer to have your hearing. Communicate this information with your attorney that way they can ensure they can appear in court with you on that day.
The benefit of working with an attorney is that when it comes to your court date, they will handle most of the documents and make sure that you have met the reinstatement requirements, taking a large portion of the stress away from you.
Comply With Requirements
Follow all requirements and instructions provided by the DMV or court to resolve the suspension and counteract your loss of driving privileges. Once you know when you will be going in for your hearing you will want to communicate that with your attorney and ensure that you have all the acceptable documents that you will need. This should include your SR-22 insurance form which demonstrates financial responsibility and fulfills the SR-22 requirement that Illinois has as a state.
Once your reinstatement request has been approved you will need to allow several days for processing
If Your License Has Been Suspended Contact the Law Offices of Peter A Buh Today
If you want to maximize your chances of getting your license back on your first trial and avoid getting another suspension for failure to comply with reinstatement procedures, it is best to work with a knowledgeable attorney.
Here at the Law Offices of Peter A. Buh, we have years of experience working through the reinstatement requirements for anything from a one-year suspension from a traffic citation to a years-long revocation from a DUI.
Finding yourself with a revoked driver's license is hard, but we are here to walk through this time with you. Don't hesitate to contact us to schedule your free consultation.