REINSTATEMENT OF DRIVING PRIVILEGES
Do you need your license (or driving privileges) reinstated:
to get to your job
to get medical treatment
to attend classes
to attend rehabilitation classes
to transport a family member to medical treatment?
Under Illinois Law,
the court may
upon application, issue to (you) a restricted driving
permit granting the privilege of driving a motor vehicle.
A highly experienced attorney in the area of
Hardship cases, Nandia Black has successfully obtained privileges for many
clients. Her exceptional knowledge of the law, the administrative
processes and the court system, along with her superior litigation skills have
made her very successful in this area.
(625 ILCS 5/6‑205)
(from
Ch. 95 1/2, par. 6‑205)
Sec. 6‑205. Mandatory revocation of license or permit;
Hardship cases.
(a) Except as
provided in this Section, the Secretary of State shall immediately revoke the
license, permit, or driving privileges of any driver upon receiving a report of
the driver's conviction of any of the following offenses:
1.
Reckless homicide resulting from the operation of a motor vehicle;
2. Violation of Section 11‑501 of this Code or a similar provision
of a local ordinance relating to the offense of operating or being in physical
control of a vehicle while under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination thereof;
3. Any felony under the laws of any State or the federal government
in the commission of which a motor vehicle was used;
4. Violation of Section 11‑401 of this Code relating to the offense
of leaving the scene of a traffic accident involving death or personal injury;
5. Perjury or the making of a false affidavit or statement under
oath to the Secretary of State under this Code or under any other law relating
to the ownership or operation of motor vehicles;
6. Conviction upon 3 charges of violation of Section 11‑503 of this
Code relating to the offense of reckless driving committed within a period of 12
months;
7. Conviction of any offense defined in Section 4‑102 of this
Code;
8. Violation of Section 11‑504 of this Code relating to the offense
of drag racing;
9. Violation of Chapters 8 and 9 of this Code;
10.
Violation of Section 12‑5 of the Criminal Code of 1961 arising from the use of a
motor vehicle;
11. Violation of Section 11‑204.1 of this Code relating to
aggravated fleeing or attempting to elude a peace officer;
12. Violation of paragraph (1) of subsection (b) of Section 6‑507,
or a similar law of any other state, relating to the unlawful operation of a
commercial motor vehicle; 13. Violation of paragraph (a) of Section 11‑502 of
this Code or a similar provision of a local ordinance if the driver has been
previously convicted of a violation of that Section or a similar provision of a
local ordinance and the driver was less than 21 years of age at the time of the
offense. (b) The Secretary of State shall also immediately revoke the
license or permit of any driver in the following situations:
1. Of any minor upon receiving the notice
provided for in Section 5‑901 of the Juvenile Court Act of 1987 that the minor
has been adjudicated under that Act as
having committed an offense relating to motor vehicles
prescribed in Section 4‑103 of this Code;
2. Of any person when any other law of this State
requires either the revocation or suspension of a license or permit.
(c) Whenever a person is convicted of any of the offenses
enumerated in this Section, the court may recommend and the Secretary of
State in his discretion, without regard to whether the recommendation is made by
the court may, upon application, issue to the person a restricted driving
permit granting the privilege of driving a motor vehicle
(The Law Firm of
Nandia P. Black can assist you in making the proper petition and in appearing
before the court.)
between the petitioner's residence and petitioner's place of
employment or within the scope of the petitioner's employment related duties, or
to allow transportation for the petitioner or a household member of the
petitioner's family for the receipt of necessary medical care or, if the
professional evaluation indicates, provide transportation for the petitioner for
alcohol remedial or rehabilitative activity, or for the petitioner to attend
classes, as a student, in an accredited educational institution; if the
petitioner is able to demonstrate that no alternative means of transportation is
reasonably available and the petitioner will not endanger the public safety or
welfare; provided that the Secretary's discretion shall be limited to cases
where undue hardship would result from a failure to issue the restricted driving
permit.
If a
person's license or permit has been revoked or suspended due to 2 or more
convictions of violating Section 11‑501 of this Code or a similar provision of a
local ordinance or a similar out‑of‑state offense, arising out of separate
occurrences, that person, if issued a restricted driving permit, may not operate
a vehicle unless it has been equipped with an ignition interlock device as
defined in Section 1‑129.1.
If a
person's license or permit has been revoked or suspended 2 or more times within
a 10 year period due to a single conviction of violating Section 11‑501 of this
Code or a similar provision of a local ordinance or a similar out‑of‑state
offense, and a statutory summary suspension under Section 11‑501.1, or 2 or more
statutory summary suspensions, or combination of 2 offenses, or of an offense
and a statutory summary suspension, arising out of separate occurrences, that
person, if issued a restricted driving permit, may not operate a vehicle unless
it has been equipped with an ignition interlock device as defined in Section
1‑129.1. The person must pay to the Secretary of State DUI Administration Fund
an amount not to exceed $20 per month. The Secretary shall establish by rule the
amount and the procedures, terms, and conditions relating to these fees. If the
restricted driving permit was issued for employment purposes, then this
provision does not apply to the operation of an occupational vehicle owned or
leased by that person's employer. In each case the Secretary of State may issue
a restricted driving permit for a period he deems appropriate, except that the
permit shall expire within one year from the date of issuance. The Secretary may
not, however, issue a restricted driving permit to any person whose current
revocation is the result of a second or subsequent conviction for a violation of
Section 11‑501 of this Code or a similar provision of a local ordinance relating
to the offense of operating or being in physical control of a motor vehicle
while under the influence of alcohol, other drug or drugs, intoxicating compound
or compounds, or any similar out‑of‑state offense, or any combination thereof,
until the expiration of at least one year from the date of the revocation. A
restricted driving permit issued under this Section shall be subject to
cancellation, revocation, and suspension by the Secretary of State in like
manner and for like cause as a driver's license issued under this Code may be
cancelled, revoked, or suspended; except that a conviction upon one or more
offenses against laws or ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation, suspension, or cancellation of a
restricted driving permit. The Secretary of State may, as a condition to the
issuance of a restricted driving permit, require the applicant to participate in
a designated driver remedial or rehabilitative program. The Secretary of State
is authorized to cancel a restricted driving permit if the permit holder does
not successfully complete the program. However, if an individual's driving
privileges have been revoked in accordance with paragraph 13 of subsection (a)
of this Section, no restricted driving permit shall be issued until the
individual has served 6 months of the revocation period.
(d)
Whenever a person under the age of 21 is convicted under Section 11‑501 of this
Code or a similar provision of a local ordinance, the Secretary of State shall
revoke the driving privileges of that person. One year after the date of
revocation, and upon application, the Secretary of State may, if satisfied that
the person applying will not endanger the public safety or welfare, issue a
restricted driving permit granting the privilege of driving a motor vehicle only
between the hours of 5 a.m. and 9 p.m. or as otherwise provided by this Section
for a period of one year. After this one year period, and upon reapplication for
a license as provided in Section 6‑106, upon payment of the appropriate
reinstatement fee provided under paragraph (b) of Section 6‑118, the Secretary
of State, in his discretion, may issue the applicant a license, or extend the
restricted driving permit as many times as the Secretary of State deems
appropriate, by additional periods of not more than 12 months each, until the
applicant attains 21 years of age.
If a
person's license or permit has been revoked or suspended due to 2 or more
convictions of violating Section 11‑501 of this Code or a similar provision of a
local ordinance or a similar out‑of‑state offense, arising out of separate
occurrences, that person, if issued a restricted driving permit, may not operate
a vehicle unless it has been equipped with an ignition interlock device as
defined in Section 1‑129.1.
If a
person's license or permit has been revoked or suspended 2 or more times within
a 10 year period due to a single conviction of violating Section 11‑501 of this
Code or a similar provision of a local ordinance or a similar out‑of‑state
offense, and a statutory summary suspension under Section 11‑501.1, or 2 or more
statutory summary suspensions, or combination of 2 offenses, or of an offense
and a statutory summary suspension, arising out of separate occurrences, that
person, if issued a restricted driving permit, may not operate a vehicle unless
it has been equipped with an ignition interlock device as defined in Section
1‑129.1. The person must pay to the Secretary of State DUI Administration Fund
an amount not to exceed $20 per month. The Secretary shall establish by rule the
amount and the procedures, terms, and conditions relating to these fees. If the
restricted driving permit was issued for employment purposes, then this
provision does not apply to the operation of an occupational vehicle owned or
leased by that person's employer. A restricted driving permit issued under this
Section shall be subject to cancellation, revocation, and suspension by the
Secretary of State in like manner and for like cause as a driver's license
issued under this Code may be cancelled, revoked, or suspended; except that a
conviction upon one or more offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for the revocation,
suspension, or cancellation of a restricted driving permit. The revocation
periods contained in this subparagraph shall apply to similar out‑of‑state
convictions.
(e)
This Section is subject to the provisions of the Driver License Compact.
(f)
Any revocation imposed upon any person under subsections 2 and 3 of paragraph
(b) that is in effect on December 31, 1988 shall be converted to a suspension
for a like period of time.
(g)
The Secretary of State shall not issue a restricted driving permit to a person
under the age of 16 years whose driving privileges have been revoked under any
provisions of this Code.
(h)
The Secretary of State shall require the use of ignition interlock devices on
all vehicles owned by an individual who has been convicted of a second or
subsequent offense under Section 11‑501 of this Code or a similar provision of a
local ordinance. The Secretary shall establish by rule and regulation the
procedures for certification and use of the interlock system.
(i)
The Secretary of State may not issue a restricted driving permit for a period of
one year after a second or subsequent revocation of driving privileges under
clause (a)(2) of this Section; however, one year after the date of a second or
subsequent revocation of driving privileges under clause (a)(2) of this Section,
the Secretary of State may, upon application, issue a restricted driving permit
under the terms and conditions of subsection (c).
(j)
In accordance with 49 C.F.R. 384, the Secretary of State may not issue a
restricted driving permit for the operation of a commercial motor vehicle to a
person holding a CDL whose driving privileges have been revoked under any
provisions of this Code.
(Source:
P.A. 93‑120, eff. 1‑1‑04; 94‑307, eff. 9‑30‑05.)