I received a notice my license is about to be suspended. What can I do?
Receiving a notice of suspension for accumulating too many moving violations can be overwhelming. In Illinois, your driver’s license can be suspended if you accumulate three moving violations within a 12-month period. This can impact your ability to commute, maintain employment, and even perform daily activities. However, with the right strategy and legal support, you can potentially reduce or prevent the suspension. Here’s what to know about responding to a suspension notice and how an experienced attorney can help protect your driving privileges.
Understanding the Suspension Process
In Illinois, the Secretary of State’s office monitors your driving record and issues warnings or suspension notices when you’ve committed multiple moving violations. The process typically follows these steps:
Accumulating Violations: If you receive three moving violations within a year, you may face a suspension.
Receiving the Notice: Once the Secretary of State’s office determines that you’ve met the threshold, they’ll send a notice of suspension. This letter will specify the dates of the suspension and explain the process for appealing or requesting a hearing.
Responding to the Suspension: You have the option to challenge the suspension or request driving relief. This is where having legal assistance becomes crucial, as a skilled attorney can advise you on your options and advocate on your behalf.
Steps You Can Take After Receiving a Suspension Notice
If you receive a suspension notice, there are several actions you can take to potentially minimize the impact:
Request an Administrative Hearing: You have the right to contest the suspension by requesting an administrative hearing with the Illinois Secretary of State. This process allows you to present evidence and potentially have your suspension reduced or lifted.
Seek a Restricted Driving Permit (RDP): If a suspension is unavoidable, you may qualify for an RDP, which allows you to drive to specific places, such as work, school, or medical appointments. The application for an RDP includes a formal hearing, where you must demonstrate a hardship and prove that you’ve addressed the reasons for past violations.
Review Past Violations for Errors: Mistakes can happen in recording and classifying moving violations. An attorney can help you review each violation to ensure that all of them are valid and eligible to count toward a suspension.
Attend Traffic School or Defensive Driving Courses: In some cases, the court may allow you to attend traffic school in exchange for reduced points or fines, which could help avoid a suspension. An attorney can help you explore this option.
How an Experienced Attorney Can Help
Navigating the suspension process alone can be challenging, especially if you’re unfamiliar with Illinois traffic law and the administrative hearing process. Here’s how an experienced criminal defense attorney can make a difference:
Advocating at Your Hearing: An attorney skilled in traffic law can represent you during an administrative hearing, presenting a strong case to minimize or dismiss the suspension.
Negotiating Alternative Penalties: Your attorney may be able to negotiate alternatives to a full suspension, such as probation or court supervision, which allows you to retain your driving privileges.
Securing a Restricted Driving Permit: If a suspension is unavoidable, an attorney can help you demonstrate the necessary requirements to qualify for an RDP and represent you at the hearing.
Fighting to Dismiss Previous Violations: By reviewing your past violations, an attorney may identify errors or procedural issues that could result in certain violations being removed from your record, potentially preventing the suspension altogether.
Protecting Your License and Your Future
If you’ve received a notice of suspension, don’t wait to take action. A license suspension can disrupt your life, but with the help of an experienced criminal defense attorney, you may be able to reduce the penalties or retain your driving privileges. At the Law Offices of Richard Waller, we understand how to navigate the complexities of traffic law and provide personalized defense strategies to protect your rights. Plus, with a free consultation, you can explore your options without obligation.
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