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 they would suffer no further legal consequences. However, under Section 625 ILCS 5/6-204(a)(4) of the Illinois Vehicle Code and Chapter 92, Section 1040.46 of the Illinois Administrative Code, a conviction for even a minor moving violation which is the cause of a personal injury or death may result in the suspension or revocation of your driver’s license and privileges.
The Secretary of State will only take action against your license if the traffic accident report completed by the police officer indicates another party (rather than yourself) incurred an injury that required the injured party to be carried from the scene for immediate medical attention.
How long will my driver’s license be suspended or revoked?
This type of driver’s license suspension can last anywhere from 3 months to 12 months. A driver’s license revocation will be imposed for a minimum period of 1 year. If a revocation is entered, you are required to have an administrative hearing before the Secretary of State to regain your driving privileges.
In determining whether to impose a suspension (and the length of that suspension) or a revocation, the Secretary of State considers numerous factors using a point scale. The Secretary of State will consider the most serious conviction resulting from the accident, the number of injuries, your past driving record including serious violations such as reckless driving and speeding in excess of 25 mph over the speed limit, and any history of prior suspensions or revocations.
If the accident resulted in a fatality, the Secretary of State will automatically enter a revocation of your driver’s license and privileges rather than a suspension. The point system is not used for accidents resulting in death.
Any action taken against your license under the law must be imposed within 6 months of the conviction of the offense or 1-year from the date of the accident, whichever is later.
Contact Our Traffic Defense Attorneys
Traffic violations stemming from serious accidents resulting in personal injury or death must be handled properly. The advice and representation of an experienced traffic attorney is essential. The attorneys at The Davis Law Group, P.C. have extensive experience defending clients charged with traffic tickets resulting from accidents throughout Illinois including Cook County, Lake County and DuPage County. We also regularly provide legal representation to individuals who have had their driver’s license suspended or revoked and seek to regain driving privileges.
Contact us today for a free initial consultation by submitting your information via our website or by calling us at (847) 390-8500. We look forward to hearing from you.