As of July 1, 2024, a significant change in Illinois law now allows non-citizen residents, including undocumented immigrants, to obtain a standard driver’s license. This change offers new opportunities for many individuals who previously faced barriers to driving legally. Here’s what you need to know about this new development and how the driver’s license attorneys at The Davis Law Group, P.C. can assist you in navigating these changes.
Key Changes to Illinois Driver’s License Law
Under the new law, undocumented immigrants who do not have a Social Security number are eligible to apply for a driver’s license. To qualify for
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What Should I Do If I’m Arrested for DUI or Charged with a Traffic Offense in Lake County?
Being arrested for DUI or charged with a traffic offense in Lake County, Illinois, can be a daunting experience. However, knowing the right steps to take can make a significant difference in the outcome of your case. Here’s a comprehensive guide on what to do if you find yourself in this situation:
Stay Calm and Compliant During the Traffic Stop:
1. Pull Over Safely: When you see the police lights, pull over safely to the side of the road.
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How to Fight a Chicago Traffic Ticket
When you receive a traffic ticket in Chicago, simply paying it and moving on may seem like the easiest option. However, it’s important to remember that when you pay a traffic ticket you are pleading guilty and likely receiving a conviction against your record. In many cases, you are actually better off hiring an experienced attorney to explore other options such as fighting your ticket. Some consequences of paying your citation include:
- Multiple moving violations can lead to a suspended or revoked license.
- Traffic tickets can cause increases in your insurance premiums.
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Does a Police Officer Have to Show You the Radar?
In Illinois, the law does not specifically require that a police officer show the radar to the driver in order to prove the speed alleged, even if the driver requests to see it. Many drivers believe that this requirement exists and that the failure to do so is a reason to have the speeding ticket dismissed. Unfortunately, that is not the case.
Officer Choice to Show the Radar Gun
Occasionally, an officer will agree to show the driver the radar device in order to build trust with the driver, but the failure to do so is not a defense …
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What is the True Cost of a DUI in Illinois?
When calculating the true cost of a DUI in Illinois, you must consider both the financial and more importantly, the non-financial costs associated with a DUI arrest.
Financial Cost of a DUI
The financial costs of a DUI can be substantial. Most DUIs are charged as Class A misdemeanors, which carry a fine of up to $2,500.00 plus mandatory court costs and assessments. Court costs and assessments, which are set by law and which the judge has no control over, are approximately $1,400.00. Additionally, there are also expenses associated with the following:*
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Will a Traffic Ticket for an Accident Suspend my Driver’s License?
A conviction for a traffic ticket resulting from an accident, which caused personal injury or death, may result in the suspension or revocation of your Illinois driver’s license.
We often receive requests for help from drivers who have been involved in personal injury or fatal accidents and, as a result of being convicted of a minor moving violation, have unexpectedly received a notice of suspension or revocation of their driver’s license from the Illinois Secretary of State.
In many of these cases, these drivers were assured by the court, a prosecutor or even their own attorney that by pleading guilty…
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Do I have to appear in court for my Illinois traffic ticket?
Typically, you are only required to appear in court if your traffic ticket is marked as “Must Appear” or “Court Appearance Required”. On most tickets, a box will be checked by the officer that confirms whether you need to appear in court. These traffic tickets will also contain a court date, time and location. Traffic tickets that have a required court appearance are most often issued for violations which create a great potential for harm or carry mandatory minimum penalties such as an automatic driver’s license suspension. For many of these cases, it may still be possible for a traffic …
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Guide to Illinois Driver’s License Suspensions and Revocations
The Illinois Secretary of State can suspend or revoke your driver’s license for a variety of reasons. A license suspension lasts for a set period of time. After it ends, you can automatically regain your driving privileges after paying a reinstatement fee to the Secretary of State. Depending on the reason(s) for the suspension, there may be additional conditions before full license reinstatement such as completion of a remedial driving course.
In contrast, a license revocation lasts for a minimum of 1 year or longer depending on the violation that caused the revocation and your overall record of previous violations.
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New Secretary of State Rules for 2022
The Secretary of State has enacted new rules, which became effective on January 1, 2022, addressing out-of-state petitions for reinstatement; formal hearing procedures; informal hearing eligibility; time limits to complete restricted driving permit and reinstatement requirements; designation of four (4) different types of restricted driving permit and standards governing each type; using the restricted driving permit for other reasons; breath alcohol ignition interlock device (BAIID) violations; definition of a “DUI disposition”; updated evaluations; opiate substitution programs; medical cannabis; and prescribed opiate medication.
Additional details regarding these new rules can be found on this earlier blog post.
Attorney Larry A. …
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Summary of Secretary of State Administrative Rule Amendments (Effective 11/12/21)
OUT-OF-STATE PETITIONS
ALL OUT-OF-STATE PETITIONS MADE BY WRITTEN APPLICATION INSTEAD OF AN IN-PERSON APPEARANCE WILL BE CONSIDERED INFORMAL HEARINGS – 1001.100(b)
Written applications by out-of-state residents will no longer be considered formal hearings conducted pursuant to 625 ILCS 5/2-118. Accordingly, these applications will not be required to be accompanied by the $50.00 application fee. Decisions from these informal hearings will not constitute final administrative decisions and, therefore, will not be subject to the provisions of the Administrative Review Act. 1001.100(b)(3) and 1001.300(a).
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Should I Take a Breathalyzer Test in Illinois?
If a police officer suspects that you have been drinking and driving in Illinois, they may ask you to take a breath test, commonly referred to as a breathalyzer test. The legal consequences of that decision can be significant.
With that in mind, there isn’t a “one size fits all” answer to the question of whether you should take a breathalyzer test when pulled over. Every DUI case is unique and involves a specific set of circumstances. What is important is that you understand both the legal implications of a BAC test refusal as well as the consequences of submitting…
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Secretary of State Scams Target Illinois Residents
Illinois residents are increasingly receiving text messages and emails from scammers claiming to be from the Office of the Illinois Secretary of State advising them that there is an issue with their driver’s license or that they have discovered an irregularity in their personal information.
These messages request that the person provide information such as their driver’s license number, date of birth, address, phone number and social security number. The latest of these messages replicate the Secretary of State’s website. The message usually includes a warning that the failure to provide the requested information will result in the ‘termination’ or…
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Is Speeding a Criminal Offense in Illinois?
In Illinois, speeding 26 mph or more over the posted limit is a criminal offense. This offense is also known as aggravated speeding, misdemeanor speeding or excessive speeding. The penalties for aggravated speeding tickets were addressed in an earlier post. Below are the answers to some additional questions we often receive regarding Illinois speeding tickets.
Can you be arrested for speeding in Illinois?
Speeding 26 miles per hour or more above the posted speed limit is a misdemeanor in Illinois. A misdemeanor is a criminal offense and, therefore, you can be placed under arrest. While some police officers…
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Why was I denied a restricted driving permit or full license reinstatement by the Secretary of State?
You spent months preparing for a hearing with the Illinois Secretary of State to finally get your driving privileges restored after years of having a revoked license. You have done everything asked of you including the completion of your evaluation, treatment and classes.
Finally, the big day arrives and you appear for your hearing. As you walk out of the hearing room, you think everything went well. You eagerly wait for your decision to arrive. After several months of waiting and hoping, the Secretary of State has denied your request not only for reinstatement but has also denied you…
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Can you expunge a felony in Illinois?
You can expunge a felony in Illinois if any of the following are true:
- There was a finding of no probable cause prior to trial.
- You were found not guilty after trial.
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New Illinois Law Would Allow for the Sealing of Certain DUI Arrests
Illinois law has prohibited the expungement and sealing of DUIs as part of a longstanding policy. Past failed legislative efforts have primarily sought to make DUIs expungeable, which would affect the Secretary of State’s ability to track a driver’s DUI history.
In Illinois, a person’s DUI arrest history is significant in a variety of ways. For example, it is used to determine whether to charge a new DUI as a misdemeanor or felony, whether the individual is eligible for court supervision, and determine their eligibility for license reinstatement. If the Secretary of State were forced to delete such information from…
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