Driving Related Offenses

FREQUENTLY ASKED QUESTIONS:

Q: I have a charge of Driving While License Suspended. I did not know my license was suspended. What will happen in court?

A: Unfortunately, not knowing that your license was suspended is not a defense and you must still appear in court, even if you have now fixed the suspension. The charge of driving while license suspended can be a Class A misdemeanor (punishable by up to 1 year in jail and a fine of up to $2,500.00, or both). Often, though, this type of charge can be reduced or resolved in order to not have further consequences on your driving privileges. However, your license can be suspended for many reasons and the outcome of your case will depend on the underlying basis for suspension. At Botto Gilbert Schottland & Andrle PC, we work with the client not only to resolve the matter in court, but also to work through the issues of the Secretary of State. It is important to clear the driver's license issues when possible so that the cycle is not repeated.

Q: I got a ticket for Driving While License Suspended but I fixed the problem and now I have my license back. Do I need to go to court?

A: Yes. You still need to go to court even though you now have your driver's license back. The offense of driving while license suspended can be a class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $2,500.00, or both. Failure to show up in court for this offense can result in a warrant being issued against you and in further consequences against your driving privileges. Fixing your driving privileges should help your position in court, but please keep in mind that these charges are serious. It is important to have an attorney advising you so that there is no further damage to your driving privileges.

Q: Help! My driving privileges are a mess. I have not been able to drive for months. What can I do?

A: Your driving privileges may be suspended, stopped, or revoked for many reasons. The attorneys at Botto Gilbert Schottland & Andrle have an excellent understanding of issues with the Secretary of State and will help you step by step to clear up those issues. A failure to clear up your driving privileges can result in an unending cycle where each subsequent offense leads to an extended period of suspension, until a person is suspended for several years into the future. We work hard to stop the cycle and to help you understand what you need to do to clear your driving privileges. Keep in mind that on the third conviction for a non-DUI based charge of driving while license suspended, the state statue mandates that the prosecutors and the judge sentence you to jail for a period of 30 days even if the suspension is for a different kind of suspension than a prior suspension. If your driving privileges are suspended or revoked come in to see one of our attorneys to understand what must be done to be reinstated.

Q: Several years ago, I had a DUI. The attorney that helped me never informed me that I had to pay a reinstatement fee. I was just stopped and they charged me with license suspended for driving during the Statutory Summary Suspension period. I thought it was over after three months and had no idea it was still pending. What possible consequences do I face?

A: A suspension or revocation resulting from a stop for driving under the influence of alcohol is a very serious matter. When the suspension or revocation is based on a stop for DUI, the resulting charge can be a misdemeanor or a felony. Consequently, the range of possible penalties for this offense is large. Upon convictions, there are statutorily imposed minimum jail sentences, or, at times, several hundred hours of community service. While you may receive notice that your Statutory Summary Suspension was for a set period of time, if you do not pay your reinstatement fees, then the Statutory Summary Suspension does not lapse. It is a good idea to pay your reinstatement fee prior to the end of the suspension so that you are reinstated upon the period of time elapsing. You should discuss this with an attorney to fully understand the circumstances and consequences of the offense.

Q: I just got a ticket for speeding, do I need an attorney?

A: You do not NEED an attorney for a speeding ticket, and more than likely you can go to court by yourself and leave with the case resolved. However, there are many instances where it will greatly help you. First, if you have a bad driving record, an attorney might be able to help you obtain the best outcome possible, including possibly amending the ticket to a non-moving violation, or helping you obtain supervision. Remember, sometimes when pay the ticket without going to court it goes down as a conviction on your record. In the state of Illinois if you are over 21 and you get three or more convictions in a year, the Secretary of State will suspend your license (the penalties are harsher if you are under 21). You also may have to protect your record more than other individuals because you hold a CDL or have a driving related job. Also, an attorney may save you the inconvenience of going to court by appearing on your behalf and will explain to you when it is advisable to have a trial. There are a lot of reasons to hire an attorney even for a speeding ticket. We will give honest and direct information about your options and the advantages and disadvantages of those options.

Q: I am seventeen and I don't want to tell me parents I got a ticket, can I take care of this by myself?

A: If you received a ticket for a moving violation (i.e., speeding, improper lane usage, etc.) you must now receive parental approval for court supervision. This normally means that at least one of your parents must be present in court with you to sign certain documentation. Remember that it is court supervision that does not cause consequences on your driving privileges. There are exceptions to this statute, such as emancipation and it is at the judge's discretion to whether or not you can receive supervision without a parent or guardian present. However, even if you are not concerned with court supervision, many judges will require that you have a parent with you if you are under 18.

Q: What is a moving violation?

A: A moving violation is any offense in the Illinois Vehicle Code that relates to a vehicle in motion when it commits the offense. However, violations like parking tickets that go unpaid can get reported to the Secretary of State and still suspend your license.

Q: When the cop stopped me, I asked him if I could see the radar gun and he wouldn't let me see it. Will my ticket get dismissed?

A: No. The police officer is not required to show you the radar gun. It’s not a bad thing to ask, but you won’t get your ticket dismissed if they won’t cooperate.

Q: If there was incorrect information on the ticket, like the date of the stop or the type of car I was driving, will the ticket get dismissed?

A: Not all incorrect information is the same. If a ticket misidentifies something fundamental like the name or identity of the driver of the vehicle, this is significant. In addition, if the officer schedules you a court date that is less than 14 days or more than 60 days from the date you got the ticket, this may also result in the dismissal of your ticket. However, most times the prosecutor can simply correct the information before a crucial point, such as a bench trial. Further, even if the case is dismissed because of a technicality, they can sometimes be refiled. It is a good idea to contact an attorney to see if these issues can be used in your favor.

Q: If I don't want to plea guilty, what will happen in court?

A: If you plead not guilty to a traffic citation, you will receive a bench trial date. Each county may work a little differently in this process. In McHenry county, you can request a trial date before your scheduled court date either through the mail or in person. Your first court appearance, then, will be your bench trial date where you will have the opportunity to present your case. However, the date on your ticket is an actual court date and you may appear in court on the first court date and demand a trial. You will be asked to return to court in approximately 30 days to have a bench trial. Some counties, such as Boone, have a date on the ticket that is only for the purpose of paying (entering a plea of guilty) or demanding trial, and if you show up to court on that date, you may discover that your case is not in any court room. In some counties, the first court date is the trial date and an officer must be present. If the officer is not present, your case may be dismissed.

A bench trial is the formal process where the state will have to prove that you committed the violation. This means the police officer, usually the prosecutor's witness, will have to come to court and testify how he observed you break the law. You will get to tell your side of the story and also bring any witnesses you have in your defense. You will be held to the same rules and standards as an attorney, so if you are confused about the process it is advisable that you have an attorney.

Last night, I was arrested and charged with Driving under the influence of alcohol. The cop told me that if I blew in the machine, things would be easier for me and maybe he would let me go. I blew in the small, portable machine and was arrested.

Q1: Did I have to blow in the portable machine?

A: You do not have to blow in the portable machine. Any time an officer of the law asks you to answer a question, or perform a test when you are stopped for a DUI, you may (politely) refuse and insist only giving your name and address. However, understand that the officer will tell you that you may be arrested even if you do not blow into the portable machine.

Q: Would I have been arrested if I hadn't blown in the machine?

A: It is possible that you can be arrested for DUI for nothing more than erratic driving and smelling like alcohol. If the officer believes that you are under the influence of alcohol, he does not need the machine test results to place you under arrest. And remember that the officer is likely to err on the side of caution and arrest you and let you try to fight it in court.

When we got to the station, I then blew in the machine again.

Q: Did I have to blow here?

A: No, you never have to blow into the Breathalyzer. It is not a crime, such as obstruction of justice, not to blow into the Breathalyzer.

Q: What would have happened if I did not blow.

A: There are consequences to not blowing in the Breathalyzer that the Secretary of State will carry out against your license. If it is the first arrest for driving under the influence of alcohol within five years and you refuse the Breathalyzer, your license will be suspended for 1 year. If you refuse to blow and this is your second arrest for a DUI, the Secretary of State will almost surely suspend your license for 3 years.

At the time the cop pulled up behind me, I was sitting in a parking lot sleeping it off.

Q: How can they still charge me with a DUI?

A: The State of Illinois considers you to be committing the crime of DUI if you are in a car that you COULD start up at any moment and drive off in. It does not matter that you are not actually driving, the potential to drive is enough. If the keys to your vehicle are anywhere in the car, such as the ignition, on the floor boards, or in your pants pocket, you can still be charged with a DUI. Also, you can still be charged with DUI even if you are on private property. What you cannot receive if you are, in fact, stopped on private property is a statutory summary suspension.

Q: Are there any advantages to pulling over if you don't feel like you should be driving?

A: Absolutely. There is a reason DUI laws are so strict: People under the influence are dangerous! Your best bet is to simply not put yourself in that situation. Do not drive if you have been drinking. Call someone and get a ride or call a cab. A DUI will easily cost you over $4000 after taking into account the fines and court costs, an attorney, alcohol treatment and fees to the secretary of state. If you have already started driving, remove yourself safely from traffic, preferably in a private parking lot and get out of the car. Make arrangement for someone to come and get you. Remember, if you are in control of the vehicle, even if it is off and you are sleeping, you can be charged with a DUI.