Shouldn’t it matter that I didn’t know my license was suspended?
In Illinois and many other jurisdictions, the offense of driving on a suspended or revoked license is what is known as a strict liability offense. This means that a person can be charged and convicted of the offense even if they did not have knowledge of their license suspension or revocation. The key factor in such cases is whether the person was actually driving a motor vehicle while their license was suspended or revoked, regardless of their awareness of the suspension or revocation.
Here are a few reasons why someone can be charged with driving on a suspended or revoked license even if they were unaware of their license status:
Legal Responsibility: Operating a motor vehicle is considered a regulated activity that requires individuals to be properly licensed. It is the responsibility of the driver to ensure that they possess a valid and unrevoked driver's license before operating a vehicle. Ignorance of the suspension or revocation is not a valid legal defense because drivers are expected to be aware of their license status.
Notice Requirements: When a driver's license is suspended or revoked, the licensing authority typically sends a notice informing the individual about the status change. However, the failure to receive or read such a notice does not absolve the person from their legal obligation to have a valid license before driving.
Public Safety Concerns: Driving with a suspended or revoked license is seen as a potential risk to public safety. Suspending or revoking a license is often a consequence of traffic violations, criminal offenses, or a history of unsafe driving behavior. By holding individuals accountable for driving without a valid license, it serves as a deterrent and helps ensure that only properly licensed drivers are on the road.
It's important to note that while a lack of knowledge of the license suspension or revocation may not be a defense to the charge itself, it could potentially be a factor considered during the sentencing phase. A judge may take into account the individual's awareness or lack thereof, along with other circumstances, when determining the appropriate penalties.
If someone in Illinois believes that their license was suspended or revoked without their knowledge, it is advisable to consult with a legal professional who can review their specific situation, provide guidance, and potentially assist in resolving the issue.
