Driving While Suspended Or Revoked |
Driving while suspended is a commonly charged misdemeanor and felony offense. The basis of the suspension or revocation is crucial in determining how serious the charge is. At a bare minimum, if your charged with the offense of driving while suspended or revoked, you will be facing a Class A misdemeanor whereby the maximum sentence is 364 days in the county jail and a fine up to $2500. Certain basis' may allow you clear your suspension before or during the court proceedings that may serve as mitigation to the charge. However, the basis of your suspension or revocation, may prompt certain statutory minimums as to jail and community service. Notwithstanding the basis of the suspension or revocation, if you are convicted of driving while suspended or revoked it will prompt the secretary state to extend your suspension. Accordingly, in these types of cases, if possible, a conviction should always be avoided.
If you are charged with driving while you driver's license is suspended or revoked and the basis of the suspension/revocation is 1)From a DUI conviction (not supervision); 2)From a Statutory Summary Suspension or 3)A conviction of Leaving the Scene of a Personal Injury Accident; the following statutory minimums are applicable upon conviction.
Class Jail Community Service
1st Offense Misdemeanor 10 days ----- or ----- 30 days (240 hrs) of community service
2nd Offense Felony eligible 30 days ----- or ----- 300 hrs of community service
(Class 4)
3rd Offense Felony eligible 30 days
(Class 4)
4th-9th Offense Felony eligible 180 days
(Class 4)
10th-14th Offense Felony eligible 2-5 years Illinois Department of Corrections (not eligible for probation)
(Class 3)
15th or > Offense Felony eligible 3-7 years Illinois Department of Corrections (not eligible for probation)
(Class 2)
In addition to these harsh penalties, the automobile driven at the time of arrest is subject to seizure and a forfeiture proceeding. If you receive a citation for driving while your license was suspended or revoked, contact the Law Offices of Steven J. Block & Associates to assist you with this charge.
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