Suspended or Revoked Driver's License Defense Attorney

If you have recently been ticketed, charged with, or arrested for a traffic offense concerning your driver's license, it is a good idea to consult with a knowledgeable and experienced traffic attorney because the consequences may be severe.  Driving on a suspended or revoked driver's license is not a minor traffic violation; it is a criminal charge that carries a possible punishment ranging from court supervision to jail time.

The law firm of Pfeifer and Pfeifer has considerable experience handling all traffic cases including driver's license cases such as driving without a license, driving on a suspended license, and driving on a revoked license.  Do not make the mistake of thinking that you can handle a ticket for no license or suspended license on your own.  While you may think that you are saving money by avoiding the cost for an attorney, if you do not handle it properly, your license situation may get worse, resulting in a prolonged suspension, extremely high fines and court costs, and in a worst case scenario, time in jail.

Normally, a ticket for driving on a suspended or revoked license is a Class A misdemeanor.  That means it carries a possible sentence from court supervision to 364 days in the county jail.  It is the same punishment as a misdemeanor DUI.  Along with a non-jail sentence, a person typically receives fines of no more than $2500 and possibly community service.

Many people who get a ticket for no license or suspended license mistakenly believe that it is not serious, and that they might only face a fine if found guilty.  This problem is exacerbated by the fact that in the high volume court calls in Chicago traffic court at the Daley Center, or in any of the suburban districts, many judges do not advise people that they need a lawyer for their case.  Instead, some judges simply advise a person that they can have a lawyer if they want.  This is not a correct statement of the law.  The U.S. Constitution says that any person who is charged with a criminal offense and is facing a possible jail sentence shall be represented by an attorney and if s/he cannot afford a lawyer, is entitled to a free lawyer.  It does not matter if the prosecutor is only offering a small fine to plead guilty because the fine is almost always is accompanied by a sentence of supervision or probation.  If you violate that sentence, you are facing a potential jail sentence.

Also, you need a lawyer to explain what will happen to you and your driver's license if you are found guilty for your ticket.  The laws on Driving on a Suspended License are complex.  Illinois has established several different reasons for suspending a driver's license.  For example, having too many unpaid parking tickets or tolls, failing to take your car for emissions testing, driving without insurance, getting into an accident while uninsured, missing court on a speeding ticket, among dozens of other reasons.  Getting arrested for a DUI and being convicted for a DUI are each grounds for losing your license as well.  Upon arrest for a DUI, the motorist's license is summarily, or automatically suspended, 46 days later.  This is called the Statutory Summary Suspension.  Upon conviction of DUI, the license is revoked for a minimum of 1 year.  More information about DUI defense is available here.

There is a difference between a suspension and a revocation.  A suspension is temporary.  Sometimes the suspension is for a fixed time period.  For example, if a person over 21 gets three convictions for moving violations within 12 months, the license is suspended.  Following the time period, your license is restored.  Sometimes there is a reinstatement fee charged by the Secretary of State.  Other types of suspensions are indefinite, they last until the driver fulfills certain obligations for the Secretary of State.  For example, if your license is suspended for outstanding parking tickets, the suspension will be lifted when the parking ticket debt is satisfied.  Same for emissions.

A revocation, however, is more difficult to resolve.  The Secretary of State will indicate a time period of the revocation, but unlike a suspension, driving privileges are not restored by paying a reinstatement fee.  You must petition the Secretary of State for a hearing and plead for your license to be restored.  If you have been revoked for a DUI, then the Secretary of State will require proof of alcohol treatment before you get your license back.

The reason a license is suspended is called the "basis".  All bases are not created equal.  For example, someone found guilty for driving on a suspended license, when the basis is parking tickets, is not facing the same situation as someone who has been suspended for a DUI arrest.  There are 4 bases that carry mandatory minimum sentences, even on the first offense.  They are:  DUI conviction, DUI arrest (statutory summary suspension), conviction for leaving the scene of an accident, reckless homicide.  If your license is suspended for one of these reasons, then you face a minimum jail sentence or community service sentence, even on your first offense!

The laws concerning suspended licenses and no licenses have gotten tougher in Illinois and continue to get tougher every year.  On the third offense for driving on a suspended or revoked license, the State may upgrade the charge to a felony, which carries a minimum prison sentence of 1 year.

This is only a summary of what a person with a ticket for driving on a suspended or revoked license is facing.  It may seem overwhelming, but there are several ways to defend against a charge for driving on a suspended or revoked license.  The law firm of Pfeifer and Pfeifer has handled hundreds of these cases, so we know how to get you the best outcome possible.  We can consult with you and root out the problem or basis of the suspension or suspensions.  Sometimes suspensions can be cleared up easily without a hearing before the Secretary of State.  At Pfeifer & Pfeifer, we know how to read the driving record, or abstract.  In many cases, we are able to advise you how clear up the suspension completely, so that you can walk into court with your drivers license.  If the suspension cannot be cleared, then it is especially important to have a good lawyer who can defend you to either minimize the damage or look for a possible way to win the case completely.  Pfeifer & Pfeifer has won cases for people charged with driving on a suspended license.  We have experience getting cases dismissed by clearing up the basis, by litigating a motion to suppress evidence, and by trial.

Please call Pfeifer and Pfeifer if you have any questions about your ticket.