What are my options when my Driver’s License has been revoked by the Illinois Secretary of State?
The Illinois Secretary of State has the authority to issue licenses or permits, suspend or revoke privileges, and/or reinstate privileges for Illinois drivers. The Secretary of State revokes driving privileges upon confirmation that a driver has been conviction of certain offenses, such as Driving Under the Influence (DUI). A revocation is the loss of driving privileges for an unknown period of time, which can equal a lifetime. This long-term revocation may have devastating and adverse effects on an individual’s life, including the ability to seek an education, maintain employment, and provide childcare. Fortunately, there are viable options for revoked drivers to seek relief and privileges.
In Illinois, revoked drivers may seek driving relief through Informal or Formal Administrative Hearings. An Informal Hearing will be permitted in limited circumstances in a non-formal setting with a Hearing Officer. The testimony is not recorded but all statements elicited from the revoked driver are considered to be under oath. The Informal Hearing Officer does not have authority to make any final decisions, but rather the main office in Springfield will render and issue the Final Order either granting relief or denying relief within 90 days. In contrast, a Formal Hearing by its definition occurs in a more formal setting in the presence of a Hearing Officer and an attorney representing the Secretary of State with sworn testimony recorded. At a Formal Hearing, the Hearing Officer makes a written recommendation to the main office in Springfield regarding driving relief or the denial of driving relief. The Final Order may take 90 days to be issued to the individiual seeking relief.
To qualify for either type of hearing, a revoked driver seeking relief cannot have any pending cases – traffic or criminal. Each revoked driver must obtain and complete Uniform Alcohol/Drug Evaluation (valid for 6 months only and then must obtain an Update Report), complete recommended treatment, and satisfy all other requirements pursuant to the Evaluator’s recommendation and/or classification, such as significant risk or high risk - dependent mandate different requirements or steps in this process. The type of relief granted by the Secretary of State will be full reinstatement, which is the full restoration of driving privileges, or Restricted Driver’s Permit. The permit will be awarded only for certain purposes, such as employment, medical, education, support group, and/or child-day care. The Restricted Driver’s Permit has additional limitations in scope and duration with an expiration of one-year. Some drivers may qualify solely for a Restricted Driver’s Permit with an added requirement of installing Breath Alcohol Ignition Interlock Device (BAIID) in the vehicle(s).
The road to full reinstatement or driving relief via Restricted Driver’s Permit can be difficult, time-consuming, stressful, and frustrating. It is recommended that a revoked driver retain or hire an attorney to represent him/her before the Secretary of State. The Secretary of State's Administative Hearing process requires a skilled attorney for assistance, advocacy, representation, and preparation to testify live before a Hearing Officer (Administative Law Judge).
About the Author:
Patrick G. King, a trial lawyer, practices in the areas of Personal Injury (Automobile Accidents, Bike Accidents, Construction Site Accidents, Dog Bites, Dram Shop, Injuries to Children, Motorcycle Accidents, Negligence, Premises Liability, Products Liability, Trucking Accidents/Semi-Tractor Trailer Accidents, and Wrongful Death), Criminal Defense (Felony, Misdemeanor, DUI, and Traffic), and Driver's License Reinstatement cases before Illinois Secretary of State at Formal Administrative Hearings. Patrick is licensed to practice law in Illinois and Missouri and actively represents clients in the following counties, Madison County, IL, Jersey County, IL, St. Clair County, IL, Macoupin County, IL, Montgomery County, IL, Green County, IL, Calhoun County, IL, Bond County, IL, and Monroe County, IL. Patrick also represents clients throughout the St. Louis Metropolitan Area.
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