If your license is revoked, your driving privileges are gone indefinitely. That can be tough to swallow, and you might find yourself behind the wheel anyway.
But driving while revoked is a criminal offense. All the State needs to prove is that you were in control of your vehicle and that your license was revoked. That’s a pretty straightforward case for prosecutors, since the status of your license is on your driving record.
But you do have options. You don’t just have to accept the penalties.
Our Chicagoland revoked license attorneys take a top-down approach, looking at your entire driving record and why your license was revoked. We’ve helped thousands of clients across DuPage, Kane, Cook, and Lake County get the best outcome when they’re charged with driving while their license was revoked.
To see how we can help you, speak to our Illinois revoked license lawyers. We offer a free, no-obligation consultation and transparent quote so you can find out exactly where you stand and how much legal representation will cost.
When you’re facing a driving while revoked charge, having the right attorney gives you the best shot of avoiding a criminal conviction. There are many potential avenues for defending a driving while revoked charge. Below, we explain what a revoked license lawyer may be able to do for you.
The Illinois Vehicle Code (625 ILCS 5/6-303) states that it is an offense to drive or be “in actual physical control of a motor vehicle” with a revoked license. Depending on your circumstances, this could pave the way for a defense to the charge.
If an officer pulls you over while you’re driving down the street, it’s easier for prosecutors to make their case. But an officer may not actually see you driving or in control of the vehicle. For example, perhaps you have a flat tire on the side of the road when an officer stops to assist. When the police arrive, you’re standing outside the vehicle, with several friends. In this case, the prosecution may not be able to prove that you were in actual physical control of your car, especially without testimony that you were driving.
The law also states that you must be driving or in actual physical control of a vehicle “on any highway of this State.” If you’re on private property, this may be grounds for dismissal or acquittal.
Another way to challenge the stop is to prove there was no legal basis for an officer to pull you over to begin with. What often happens is that a driver is speeding, weaving between lanes, or committing some other traffic violation. When the police pull the driver over, they run their license and learn that it is revoked.
But what can happen is that the police pull drivers over with no lawful basis. If you are driving sensibly (even if you shouldn’t have been driving at all) and an officer does not give you a valid reason for the stop, a revoked license attorney can argue that the stop was unlawful. This can lead to everything happening after this point being suppressed by a judge. Put simply, if the police had no reason to stop you, they would not have learned that your license was revoked. This can lead to the charges against you being dismissed.
Even when the evidence against you seems overwhelming, we will present you in the best possible light. Mitigation can result in less severe penalties and aims to show that you’re not a habitual rulebreaker, but that you’re human and made a mistake, and you deserve a second chance. We’ll write letters to prosecutors explaining the circumstances that led to you being in this situation and the steps you’ve taken, and are taking, to put it right. We’ll support this with character references from your family, friends, employers, and community, who can speak to your character. Sometimes, we might arrange a private conference with the judge and prosecutors to present this evidence directly.
The key takeaway is that even when it seems that the State’s case is cut and dry, an experienced license revocation lawyer in Illinois will use all of the tools and strategies in their arsenal to get you the best possible outcome.
Driving with a revoked license isn’t a traffic ticket. You won’t just get a fine and a few points on your license. Those can be damaging enough to your driving record, but it’s a comparatively light penalty compared to the potential consequences of this charge.
Driving with a revoked license is a criminal offense, and it can be a misdemeanor or a felony.
Driving with a revoked license misdemeanor charges
A first offense is a Class A misdemeanor, punishable by:
– Up to one year in jail
– A fine of up to $2,500.
The penalties for subsequent offenses get progressively worse, up to 30 days in county jail or 300 hours of community service.
If you’re convicted of the charge, the Secretary of State will also extend your license revocation by one year. This means that if you originally had to wait one year before becoming eligible for reinstatement, you’ll have to wait another year before you can even entertain the idea of getting your license back.
Driving with a revoked license may instead be charged as a felony. If you’re caught driving with a revoked license because of a DUI, you’ll get a mandatory minimum penalty of 10 days in jail or 240 hours (a month) of community service. And that’s just for a first offense.
A second offense can be charged as a Class 4 felony, carrying a mandatory minimum punishment of 30 days in jail or 300 hours of community service. A conviction can result in a fine of up to $25,000 and a one to three-year sentence in the Illinois Department of Corrections.
These penalties are severe and should be taken seriously. But all hope is not lost. We can look at your case and determine how we can help you get the best outcome, however scary your situation may seem.
We’ve successfully defended thousands of cases, from minor violations to serious felony offenses. This experience means we know which defenses work, which prosecutors and judges we’re working with, and how to deal with the challenges driving cases present.
There’s a reason Driver Defense Team has a reputation as the best DUI lawyers in Chicagoland. We’ve helped thousands of clients, using our combined decades of experience on both sides of the courtroom to get the best outcome.
Our entire process is built around devising a tailored defense strategy based on the specific facts of your case, the evidence, and your goals. Our entire team of attorneys is behind you, using our 114+ years of experience to get you the best result.
Facing a charge is overwhelming, which is why our support goes beyond representing you in court. Our multilingual team (English, Spanish, and Polish) will let you know what to expect at each stage, prepare for hearings and court appearances, and connect you with resources that can strengthen your case.
You’ll also have a dedicated case manager whose job is to keep you up to date on the development in your case. You’ll never feel lost or unsure about what’s going on.
Every case is different, so we develop a personalized defense strategy based on your unique situation. It’s how we approach all cases, and we call this your GamePlan.
It starts with understanding your case, what’s important to you, and what’s achievable. Then, we’ll craft a winning strategy with you, combining the available evidence with our PlayBook of winning techniques and hundreds of years of combined experience. The final step? We put it into action.
Your license can be revoked for several reasons, including if you:
Your license can be revoked for several reasons, including if you:
After understanding your history and the circumstances surrounding your DUI, our first step is to get all the evidence related to your case. This can include:
Then, our team will scrutinize every detail. We look for inconsistencies, technical errors, and procedural lapses.
Sometimes, getting a dismissal or not-guilty verdict is out of the question, and we’ll be upfront with you about your chances. In this scenario, our focus turns to damage limitation. We’ll create a mitigation packet that shows why you deserve a break. A mitigation packet typically includes documents that show your character, such as a letter written by your attorney, drug and alcohol evaluations, logs of volunteer work, certificates of community service, and character reference letters from family, friends, and mentors.
Driving with your license revoked is illegal in Illinois, but there are options that allow you to retain your driving privileges — at least to a certain degree.
Your first option is to apply for a Restricted Driver’s Permit (RDP), sometimes called a Hardship Permit. An RDP allows holders to drive to certain places at certain times of the day. Your first step is to request relief through an administrative hearing. Then, you must show that you do not pose a risk to public safety and that you have extreme hardship because of your license revocation. Examples of hardship that typically lead to an RDP being issued include:
If you are a first-time DUI offender, you might be eligible to receive a Monitoring Device Driver’s Permit (MDDP). With an MDDP, you can drive as long as you install a Breath Alcohol Ignition Interlock Device (BAIID) in your vehicle. This device requires you to blow into the device — sort of an on-the-go breathalyzer test — to test your breath alcohol content. If your alcohol content exceeds a preset limit, your vehicle won’t start.
Your winning defense strategy
We devise every defense strategy based on our battle-tested PlayBook of winning tactics, developed from our 114+ years of collective experience and analysis of over 5,000 winning cases for driving offenses.
We use this to develop your custom GamePlan, which is delivered in three parts.
Briefing. Development. Execution.
The result? No cookie-cutter or copy-and-pasted strategies, but a roadmap tailored to you — and only you.
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