Driving While Suspended or Revoked
Driving with a suspended or revoked license can lead to serious penalties for the average person. Without aggressive legal help from a skilled criminal attorney, you could be facing up to a year in jail.
Speeding Offenses Yorkville
Most traffic tickets are petty offenses, then there’s aggravated speeding. Due to a recent law change, heavy speeding can now land you a misdemeanor charge. Work with our team to determine how to reduce or eliminate the charges against you.
Reckless Driving Yorkville
Reckless driving is when a person drives with a total disregard for the safety of persons or property. If there are injuries to others, you could be looking at a felony. As prosecutors, we handled countless cases like reckless driving and know how to fight on your behalf.
Fleeing & Eluding a Police Office
Fleeing and eluding a police officer is a misdemeanor and if it is deemed as aggravated, the charges will become a felony. We understand the nuances of the law, the courtrooms and the prosecutors, which we will use to benefit your situation.
Passing a School Bus Yorkville
Passing a school bus is an automatic conviction with a penalty of a suspended license. The only way out of this consequence is to have the charge amended by a prosecutor. We are former prosecutors in Kendall, Kane and LaSalle Counties.
Leaving the Scene of an Accident
Leaving the scene of an accident in Illinois will lead to a misdemeanor criminal charge, if there were injuries involved in the accident then it could be a felony. We work tirelessly for all our clients to understand all the facts and pursue the best outcome possible.
Stop Worrying and Start Getting Help
Our firm has gained years of experiences as former prosecutors that we can put to work for you.
What Fellow Lawyers Are Saying
Don’t just take it from us, other criminal lawyers share their insight.
“I endorse Andrew without reservation. He has demonstrated an exceptional grasp of the law and has the refined skills of a superb litigator. Additionally, he has a character that is beyond reproach.”Brent Hardy
Driving While Suspended or Revoked
Traffic incidents can quickly become serious nuisances. We have tried countless bench trials and know how to get results for our clients.
Driving while your license is suspended or revoked (DWLS/R) is a Class A misdemeanor, punishable by a maximum possible penalty of up to one year in the county jail and a $2500 fine. There are many reasons one’s license could be suspended, such as too many traffic tickets, tollway violations or parking tickets, and the DWLS/R charges are treated similarly.
If your license is suspended in relation to a DUI or statutory summary suspension, however, there are several mandatory sentencing provisions.
There are two aspects any DWLS/R case:
- The criminal case of DWLS/R; and
- The consequences the case may have on your privilege to drive.
The Criminal Case
As mentioned above, DWLS/R is a Class A misdemeanor. DWLS/R charges are notoriously difficult to fight in court. All the State needs to show is that you were driving, to which the officer will testify, and that your license was suspended or revoked, which it can do with a certified copy of your driving record.
The only ways to challenge a DWLS/R case is if the officer lacked a valid, legal reason to pull you over or if no one saw you actually driving, even if you later admitted you were. Because these situations are uncommon, having an attorney that is experienced in negotiating with prosecutors, or who knows when you are better off not negotiating at all, is essential.
DUI & Alcohol-related Suspensions
If you are facing a DUI charge in Illinois and have had your license suspended, there is no better firm to defend you than the Law Offices of Andrew Nickel.
If your license is revoked from a DUI conviction or if you have a statutory summary suspension (SSS) from being arrested for a DUI, your charge is very serious. If you have had a prior charge of DWLS/R your case can be charged as a felony if it has not been already. Even if this is your first DWLS/R, if you are on an SSS and are eligible for an MDDP (blow-and-go), but chose not to get one, your case can be charged as a felony. If either of these situations applies to you and your case is still charged as a misdemeanor it is vital that you have legal representation.
It is much easier to convince a prosecutor to not charge you with a felony than it is to convince her to reduce a felony back to a misdemeanor.
Even if your case is a misdemeanor, there are several mandatory sentencing requirements. For example:
- A first offense requires either 10 days in jail or 240 community service hours;
- A second offense requires either 30 days in jail or 300 community service hours; and
- A third offense mandates 30 days in jail with NO option for community service.
- A second offense is a Class 4 felony, but the more prior offenses you have, the higher the class of felony
The Consequences on your Driver’s License
Just like any other misdemeanor, there is a range of sentencing possibilities.
The sentence you are given has a huge impact on your driving privileges. Specifically, if you receive court supervision the impact is minimal; if you receive a conviction (probation or conditional discharge) the suspension of your license will be extended by at least three months.
Even if your license is now valid and you are convicted of DWLS/R, your license will be re-suspended for at least 3 months.
Contact the Law Offices of Andrew Nickel today to explore your options today.
Normally, speeding is a petty offense. Like with most traffic offenses, court supervision is an option with a fine and possible traffic school (traffic school is mandatory for offenders under 21). If, however, you are
Speeding 26 to 34 mph over the posted speed limit:
A recent change in the law makes it a Class B misdemeanor if you are speeding in this range. Furthermore, the law does not allow a sentence of court supervision, so speeding 26-24 over the limit is a mandatory misdemeanor conviction. For more on court supervision and convictions, see the Criminal Law page. That means a plea or finding of guilty will result in a conviction that will appear both on your driving record and on your criminal record. Depending on your driving record, it may be possible to get the charge reduced to a petty offense.
Speeding 35+ mph over the posted speed limit:
A Class A misdemeanor. Like speeding 26-34 over the limit, court supervision is not an option. If you plead guilty or are found guilty it will result in a conviction on your driving and criminal records.
Speeding in a School Zone:
Although this offense is still a Petty Offense,
Speeding in a Construction Zone:
A Petty Offense, this offense includes a mandatory minimum fine of $375. Two violations within two years
It is a common misconception that any one act will constitute reckless driving, such as driving at an extremely high rate of speed. Reckless driving is when a person drives with a total disregard for the safety of persons or property.
Reckless driving is a Class A misdemeanor in most cases. If an accident occurred in which anyone was seriously injured it can be charged as a Class 4 Felony. Additionally, multiple convictions can result in revocation of your driving privileges.
Fleeing & Eluding a Police Officer
A Class A Misdemeanor, punishable by a maximum possible penalty of one year in jail and/or a $2500 fine. Any conviction will result in automatic revocation of driving privileges, although supervision is a possible sentencing option. For more information about sentencing, please see the Criminal Law page.
Aggravated Fleeing & Eluding a Police Officer
A first offense is a Class 4 Felony; a second or subsequent offense is a Class 3 Felony. Court supervision is not a possible sentence in felony cases, so pleading guilty or being found guilty will result in the automatic revocation of your driving privileges.
Fleeing and eluding a police officer becomes “aggravated,” and therefore a felony, when any of the following occurs while the offender is fleeing and eluding:
- The vehicle was, at any time, traveling 21 miles or more over the posted speed;
bodilyharm caused to any individual;
- Property damage in excess of $300;
- offender disobeyed two or more traffic control devices; or
- the vehicle involved had a registration plate that was altered or concealed.
Passing a School Bus
A Petty Offense, a conviction is mandatory and will result in an automatic suspension of your driving privileges. The only way to avoid the conviction and suspension of driving privileges is for the charge is amended by the prosecutor.
Depending on if this is your first or second+ offense, the length of the suspension will vary:
- Suspension of driving privileges for
first-timeoffender is for three months.
- Suspension of driving privileges for 2nd or subsequent offense is for five years.
- Also subject to
minimumfine of $150 for firstoffense, $500 for secondoffense.
Leaving the Scene of an Accident
A Class A misdemeanor. If the accident involved a death or personal injury the charge is a Class 4 Felony.
Furthermore, if the accident involved a death or personal injury a conviction is mandatory will result in automatic revocation of driving privileges.
Street Racing in Illinois
A first offense of Street Racing is a Class A Misdemeanor; the minimum possible fine is $250. A second offense is a Class 4 Felony; the minimum possible fine is $500, plus court costs. Any conviction will result in automatic revocation of driving privileges.
Driving without a valid driver’s license is a Class B misdemeanor. A single violation can cause your driving privileges to be suspended, even if you have never had a license, increasing possible penalties for any future driving offenses.
Counties We Serve:
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Learn more about traffic laws, traffic tickets and important law changes in Illinois that could affect you on our blog.