Loss of Driving Privileges

Illinois law allows the Secretary of State to suspend or even revoke your driver’s license for certain vehicle code offenses. Once your privileges are taken away, driving again can constitute a crime resulting in a jail sentence.

Lower the legal limit to 0.05: NTSB recommends Illinois and other states follow suit

May 14, 2013
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In an historic vote, the National Transportation Safety Board recommended today that all 50 states lower the legal limit from 0.08 to 0.05 for driving under the influence. At the present time, all 50 states have a limit for the alcohol concentration in any person’s blood or breath of 0.08. Anyone who operates a motor [...]

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New law proposed to allow police to tow and impound vehicle for driving without insurance

March 17, 2013
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Lawmakers in the House of Representatives will vote soon on a bill that allows police officers to tow and impound vehicles for driving without proof of insurance. Proposed by Representative Joe Sosnowski, R-Rockford, the bill would amend 625 ILCS 5/4-203. This is the statute that authorizes law enforcement to tow and impound vehicles abandoned on [...]

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New law allows illegal immigrants to get drivers licenses in Illinois: approval pending

November 22, 2012
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Lawmakers in Springfield are drafting legislation that would provide a way for illegal immigrants to get driver’s licenses. The bill has not been introduced in the General Assembly, but legislators expect to make the proposal soon. This is not the first time our state lawmakers have tried to legalize undocumented aliens on the road. A [...]

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Fleeing or attempting to elude a peace officer: sentencing and driver’s license issues

November 9, 2012
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If a police officer tries to pull you over with his siren or flashing lights and you choose to drive away, you could be charged with a serious crime. The law in Illinois says that fleeing or attempting to elude a peace officer is a Class A misdemeanor. You could go to jail for up [...]

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No supervision for speeding more than 25 mph over the limit in Illinois

August 25, 2012

Governor Pat Quinn signed important legislation this summer that changes Illinois Vehicle Code penalties. But not many are noticing because the law doesn’t go into effect until July 1, 2013. The legislation was Senate Bill 2888, and it changes eligibility for supervision. The legislation is important because three convictions on moving violations within any 12-month [...]

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Illinois summary suspension for failing or refusing the breathalyzer

June 25, 2012
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There is something inherently unfair about it law that allows a police officer to suspend a person’s driver’s license for DUI before he is found guilty. But this is the law in Illinois. A police officer can suspend a person’s license for failing or refusing chemical testing. Illinois courts recognize a concept called implied consent. [...]

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The rule of strict liability in traffic court

June 24, 2012
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One of the most important rules in criminal cases is that court cannot convict a person of a crime unless the prosecution has proven that the defendant had the requisite mental state. The prosecution must prove that the defendant intended to commit a crime. The Illinois constitution prohibits the prosecution from convicting a person of [...]

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Illinois DUI laws for 2012 explained

May 29, 2012
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Driving under the influence is a criminal offense in Illinois. The first offense is generally a Class A misdemeanor. Under very rare circumstances, a first offense can be a felony. The statute for DUI is found in the vehicle code at 625 ILCS 5/11-501. Most cases are charged under 11-501(a)(1) for having an alcohol concentration [...]

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Illinois laws against driving a commercial motor vehicle without a CDL

May 6, 2012
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Any person who operates a commercial motor vehicle on Illinois roadways without the required license commits a crime. By statute, it is a Class A misdemeanor offense to drive a CMV without a CDL. The Illinois vehicle code prohibits the operation of a commercial motor vehicle without a CDL under section 625 ILCS 5/6-507. The [...]

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Driving while license suspended: more serious than a ticket

March 16, 2012
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As an attorney I cannot count the number of times clients say to me, “I did not get arrested for driving while suspended. I just got a ticket.” Many people are misinformed. The law in Illinois says that a person does not have to be handcuffed in order to be, in legal terms, arrested. A [...]

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