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.

Article 36 seizure: forfeiture process for vehicles used in the commission of an offense

September 26, 2013
Thumbnail image for Article 36 seizure: forfeiture process for vehicles used in the commission of an offense

Drive a vehicle illegally on Illinois roads, and you might not take the vehicle home with you. An obscure law in this state allows the police to seize the vehicle and sell it. And in situations where someone other than the owner was driving, those vehicles can be seized and sold over the owner’s objection. […]

Read the full article →

Temporary Visitor Driver’s License: Illinois gives permit to undocumented immigrants

July 1, 2013
Thumbnail image for Temporary Visitor Driver’s License: Illinois gives permit to undocumented immigrants

The Illinois Secretary of State recently announced the ground rules for driver’s licenses for undocumented immigrants. In the last legislative session, the General Assembly passed Senate Bill 957, that will allow aliens who do not possess a VISA or Social Security number to get licenses. The Secretary of State calls the new permit a Temporary […]

Read the full article →

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

May 14, 2013
Thumbnail image for Lower the legal limit to 0.05: NTSB recommends Illinois and other states follow suit

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 […]

Read the full article →

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

March 17, 2013
Thumbnail image for New law proposed to allow police to tow and impound vehicle for driving without insurance

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 […]

Read the full article →

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

November 22, 2012
Thumbnail image for New law allows illegal immigrants to get drivers licenses in Illinois: approval pending

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 […]

Read the full article →

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

November 9, 2012
Thumbnail image for Fleeing or attempting to elude a peace officer: sentencing and driver’s license issues

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 […]

Read the full article →

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 […]

Read the full article →

Illinois summary suspension for failing or refusing the breathalyzer

June 25, 2012
Thumbnail image for Illinois summary suspension for failing or refusing the breathalyzer

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. […]

Read the full article →

The rule of strict liability in traffic court

June 24, 2012
Thumbnail image for The rule of strict liability in traffic court

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 […]

Read the full article →

Illinois DUI laws explained

May 29, 2012
Thumbnail image for Illinois DUI laws explained

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 […]

Read the full article →