The Illinois Vehicle Code has some of the toughest laws in the country. In particular, driving while driver’s license, permit or privilege to operate a motor vehicle is suspended or revoked in violation of 625 ILCS 5/6-303. Based on the circumstances of the driver’s background, the driver could be charged with a misdemeanor or a felony. Moreover, the Vehicle Code imposes mandatory penalties depending on the circumstances of the driver’s suspension or revocation.
Generally, a person is charged with a Class 4 Felony for driving on a revoked license (625 ILCS 5/6-303) if that person’s license is revoked or suspended due to a prior DUI conviction:
(d) Any person convicted of a second violation of this Section shall be guilty of a Class 4 felony and shall serve a minimum term of imprisonment of 30 days or 300 hours of community service, as determined by the court, if:
(1) the current violation occurred when the person’s driver’s license was suspended or revoked for a violation of Section 11-401 or 11-501 of this Code, a similar out-of-state offense, a similar provision of a local ordinance, or a statutory summary suspension or revocation under Section 11-501.1 of this Code; and
(2) the prior conviction under this Section occurred while the person’s driver’s license was suspended or revoked for a violation of Section 11-401 or 11-501 of this Code, a similar out-of-state offense, a similar provision of a local ordinance, or a statutory summary suspension or revocation under Section 11-501.1 of this Code, or for a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, relating to the offense of reckless homicide, or a similar out-of-state offense.
Read the whole statute at 625 ILCS 5/6-303.
If you are driving on a revoked or suspended driver’s license arising from a DUI conviction you are in violation of the law. You should take the necessary steps to restore your license, especially if you only have one (1) prior DUI conviction.
The first step is to consult with an attorney and determine whether you qualify for an informal or formal hearing. An informal hearing is required for a driver whose privileges have been suspended or revoked for an offense(s) not involving a fatality, a single DUI disposition or for sanctions related to lesser moving violations. A formal hearing is required for a driver whose privileges have been suspended or revoked for an offense(s) involving a fatality or multiple DUI dispositions. A formal hearing request must be made in writing through U.S. mail. Faxes or e-mail requests are not accepted. Petitioners are eligible for a subsequent hearing 90 days after their most recent hearing. For more information regarding the hearing process check out: CYBER DRIVE.
For a free consultation about the penalties and defenses for driving on a revoked Illinois driver’s license (625 ILCS 5/6-303 ) please contact Richard by calling (630) 917-2051 or emailing him a [email protected].