Fraudulent ID Cancellation, Suspension and Revocation
The attorneys at The Davis Law Group, P.C. frequently represent clients facing the cancellation, suspension, or revocation of their Illinois driver's license or State ID. Receiving a letter alleging fraud from the Illinois Secretary of State can be a stressful and frightening experience. Whether you are a U.S. citizen, permanent resident or an undocumented immigrant, our attorneys are here to help.
The Illinois Secretary of State may cancel and subsequently suspend or revoke a driver’s license, permit or ID card for fraud under several different sections of the Illinois Vehicle Code depending on the circumstances of the offense.
Generally, these actions fall into one of six different categories:
- The person permits another person to use their driver’s license, permit or ID card. Generally, we will see these situations occur when a person – 21 or older - will give his or her license or ID card to another person to allow them to purchase alcohol or gain admission into a bar;
- The person is in possession of, displays or attempts to fraudulently use the driver’s license, permit or ID card. Again, these incidents general occur where the person has obtained the driver’s license or ID card from a friend – making him or her appear to be 21 or older - and displays it in an attempt to purchase alcohol or gain entrance to a bar. These incidents may also occur where an individual is stopped and asked for identification (typically – but not always - in a bar) and is found with the license or ID card;
- The person has obtained a fraudulent driver’s license or ID card making him or her appear to be age 21 or older. This is often seen in situations where the person locates a website that provides this type of ‘service’. The person uploads his or her photograph, provides their address, date of birth (typically fraudulent, making the person appear to be 21 or older), other personal information and pays a fee. Several days later the person receives the fake driver’s license or ID card in the mail;
- The person makes a false statement, submits a false affidavit or conceals a material fact in an application for a driver’s license or permit before the Secretary of State. These situations may involve persons who are currently suspended or revoked by the Secretary of State and submit false information to the State (usually using a fake name, social security number or other false information) to obtain a new driver’s license. This may also involve undocumented persons who are unable to apply for a driver’s license or an ID card and obtain false documentation (false social security number, etc.) in order to make an application;
- The person obtains the services of another person to apply for a driver’s license, permit or ID card on his or her behalf or the person applies for the license, permit or ID card on someone else’s behalf;
- The person provides another person any type of identification to allow that person to apply for a driver’s license, permit or ID card.
The penalties for these offenses generally are as follows:
- 1st Offense: 12-month Suspension
- 2nd or Subsequent Offense: Revocation
In certain situations involving the issuance of a driver’s license, permit or ID card, to a person who has claimed a false identity or used a false social security number (such as an undocumented worker or a driver suspended or revoked under his or her true identity), the Secretary of State will enter a cancellation and require that person to appear before an investigator with the Secretary of State Police in order to establish his or her true identity before entering a suspension or revocation (these interviews often take place at the Secretary of State Police District One Headquarters in Villa Park, Illinois). That person may then have the ability to apply for a restricted driving permit (i.e. RDP/work permit) during the period of suspension through an administrative hearing before the Illinois Secretary of State.
These situations often arise during the Temporary Visitor Driver's License (TVDL) application process. Facial recognition technology has allowed the Secretary of State to identify an increasingly high percentage of these cases. Our attorneys have extensive experience resolving Secretary of State fraud cases and guiding clients through the TVDL process from start to finish. Not only are we able to appear with our clients at the Secretary of State Police, but also for an administrative hearing for driving relief.
The lawyers at The Davis Law Group, P.C. provide high quality legal representation to those individuals suspended or revoked for fraudulent use of driver’s licenses, permits or identification cards (fake ID’s). If you or a loved one has received a Notice of Cancellation, Notice of Suspension or Notice of Revocation for making a fraudulent application, contact us to discuss your case.