Articles Posted in License Reinstatement

A school bus permit is required to transport school children through 12th grade for a public, private or religious school in a school bus or any other approved vehicle owned by or operated for a school or religious institution over a regularly scheduled route. School bus permit holders are subject to strict rules and regulations, especially when it comes to traffic tickets.

School Bus Permit Requirements

Permit holders must be at least 21 years of age, have held a valid license for the previous three years prior to application for a school bus permit, complete a classroom training course, pass a written test, road test, physical examination, and an FBI criminal background check.

Drivers who have been revoked for DUI in Illinois often ask our driver’s license attorneys how long they are required to drive on a breath alcohol ignition interlock device (“BAIID”) or whether they are required to have a BAIID at all.

Drivers who have one DUI revocation and do not have a prior suspension from a previous DUI (as a result of failing a test or refusing testing) are not required to have a BAIID device installed on their vehicle. On the other hand, driver’s who have one DUI revocation and have also lost their license due to a suspension on a prior DUI are required to have a BAIID device installed on their vehicle as a condition of obtaining a restricted driving permit (“RDP”). The driver must then drive on the RDP with the BAIID for 75% of the period it is issued before the Secretary of State will consider full reinstatement.

An Illinois resident with 2 or 3 DUI convictions must drive with a BAIID for a period of 5-years before they can be considered for full reinstatement (regardless of their ‘reinstatement eligibility date’).

Individuals convicted of DUI often ask our Illinois license reinstatement attorneys when they will be eligible to obtain their full driving privileges. This question has become more and more complicated due to changes that have occurred in Illinois law over the last several years.

Generally, in order to determine an accurate eligibility date, the driver must take two factors into account: the length of the statutory summary suspension (“SSS”) and the length of the DUI revocation. The length of the SSS can be anywhere from 6-months to 3-years depending on whether the person is a first offender or second (or subsequent) offender and whether they refused chemical testing or submitted to (and failed) testing. For purposes of the SSS, a first offender is a person who has not had a prior DUI disposition within 5-years of the current arrest:

Length of SSS

Below are answers to frequently asked questions regarding driving records in Illinois. Driving records are different across all 50 states. Illinois driving records are maintained by the Illinois Secretary of State. They also are often referred to as driving record abstracts and motor vehicle records (MVR).

What information appears on an Illinois driving record?

  • Convictions (traffic tickets, including those issued in other states)

Will Illinois find out about my out-of-state DUI?

Illinois is a member of the Driver’s License Compact, which is an agreement between states to exchange information regarding traffic violations and license suspensions or revocations of non-residents and forward that information to the state where they are licensed. Therefore, if the state where you are charged with DUI is part of the Driver’s License Compact, the appropriate authorities will report the information to the Illinois Secretary of State. Illinois will then treat the DUI as if it had been committed here.

While most states are part of the Driver’s License Compact, the few non-member states include Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin. However, in practice, many of these states still report offenses to Illinois under their own laws and regulations even though they are not officially part of the Driver’s License Compact.

Having your driver’s license revoked or suspended can be a major inconvenience or even a life-altering problem. Losing your license can effect your work, family responsibilities, and personal life. We are often asked whether having your driver’s license suspended or revoked in one state will effect your ability to get a driver’s license in another state.

Most states, including Illinois, joined in an agreement called the Driver License Compact (DLC for short). The DLC is used to facilitate communicating information regarding people’s driving records between states. This means that if your driver’s license has been suspended in your home state, it will most likely prevent you from obtaining a license in the state to which you are moving. When you apply for a license, the local DMV (or its equivalent) will first check if your name appears in the National Driver Register’s (NDR) Problem Driver Pointer System (PDPS) which contains a list of names of people who have had their driver’s license revoked or suspended. If your name is listed in the NDR as “Not Eligible” you won’t be able to get a license in the given state.

If your driver’s license is revoked (not suspended) in your home state and you are a new Illinois resident, you can apply for a restricted driving permit one year from the date of the out-of-state revocation. In order to do so, you must have an administrative hearing before the Secretary of State and meet certain requirements. You are encouraged to seek competent legal representation to assist with this process.

Attorney Larry A. Davis, principal of The Davis Law Group, P.C., has been awarded the 2018 Richard H. Teas Legislative Support Award by the Illinois State Bar Association. The award acknowledges Mr. Davis’s work on behalf of the bar association’s legislative efforts in the Illinois General Assembly.

Mr. Davis has authored, co-authored and negotiated numerous laws primarily related to driving under the influence and driver’s license law. These laws include the Illinois summary suspension law, the offenses of driving while revoked and suspended, and the issuance of restricted driving permits following suspension or revocation. Additionally, Mr. Davis has spent countless hours in the analysis and negotiation of traffic and driver’s license law proposals. He has testified numerous times before the legislature on these various proposals.

This award was presented to Mr. Davis by Past-President of the ISBA and Retired Judge (Hon.) Russell W. Hartigan. It recognizes Mr. Davis’s continued leadership in the area of DUI, traffic and driver’s license law.

The Illinois Secretary of State is cancelling large numbers of driver’s licenses and state IDs due to fraud. The Secretary of State processes and compares the photos of anyone who applies for or renews a driver’s license or state ID in a central digital database. Therefore, if you obtained a license or ID under a false name, date of birth or social security number, there is a high probability that the Secretary of State’s facial recognition system will flag your application.

While you may initially leave the facility with a temporary permit (paper license), the official plastic license or ID may never arrive. Months later, in it’s place, you may receive a Notice of Cancellation which indicates that you “committed a fraudulent offense in the making of an application” directing you to contact the Illinois Secretary of State Fraudulent Review Unit. In turn, the matter is turned over to a Secretary of State Police investigator. At that time, an in-person interview may be required.

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It isn’t unusual for the lawyers at The Davis Law Group, P.C. to work with individuals who committed the fraudulent offense a decade or two ago. These individuals may have previously renewed their driver’s license multiple times without any issues. The technology has changed over the years and allowed even very old instances of fraud to be uncovered.

Effective January 1, 2016, the Secretary of State began to enforce a new law requiring that revoked drivers with 2 or more DUI convictions who were granted a restricted driving permit (RDP) after an administrative hearing, drive on a breath alcohol ignition interlock device (BAIID) for a period of 5-years before applying for full reinstatement.

Unfortunately, the Secretary of State made the decision to apply this law retroactively. As a result, applicants whose DUIs occurred before the effective date of the new law and, in many cases years, decades earlier, are subject to the new law, only because they failed to apply before the change in the law went into effect.

Many of our clients have asked for the reasoning is behind the law. The law was proposed by the Alliance Against Intoxicated Motorists (AAIM), which claimed that a study they had found demonstrated that until a person drives successfully for at least 5-years on a BAIID device, the chances that the person will return to abusive drinking is unacceptably high. However, further investigation demonstrates that the study relied on by AAIM says nothing of the sort.

There are a number of DUI and traffic-related proposals currently pending in the 2018 Illinois legislature. These are a few highlights of those bills, which deserve close attention:

Traffic Ticket Fine Waiver Program

Fines, fees and costs for minor traffic offenses could be excused for a defendant who is unable to pay. Upon application, the court may convert all of the obligation to community service or partially excuse payment without condition.

Client Reviews

★★★★★
I wanted to let you know that I finally got my license back today. I want to thank you guys from the bottom of my heart. You did an amazing job and helped another person turn their life around. I will forever be indebted. Rest assured that I will refer anybody that I hear is in trouble to you guys. Thank you again. All the best.
★★★★★
I want to extend my sincere gratitude for the success in getting my charges reduced. It has been a rather traumatic experience for me. Though I try to keep an optimistic outlook, it didn't seem possible. But you guys pulled it off and I couldn't be more grateful. This has been a great weight lifted off my shoulders. D.F.
★★★★★
I would like to take this time to thank you for a job well done. I received my full reinstatement documents today for full driving privileges. This took me by surprise. I did not expect to see the results this fast. I just want to say that I am blessed to have a very good lawyer like yourself to guide me through the process... I am very grateful. You're the best. Thanks again. G.B.
★★★★★
My special thanks for your help, guidance, and support during a most difficult time. You came recommended as "the best" and you lived up to your reputation! I wish you a lovely holiday season and a new year of challenges overcome, new joys experienced, and much fulfillment realized. All good thoughts your way. S.S.
★★★★★
I am very grateful for your work and representation. Although it is difficult for me to truly express my gratitude through e-mail, I hope you can still understand how thankful I am that we were able to dismiss my case on the first court date. I am very pleased with the outcome. Again, thank you very much for your time. Please enjoy the rest of your week. D.K.

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