Reckless Homicide and Driver’s License Reinstatement in Illinois

At Wirth Law, we assist individuals across Illinois in seeking driving relief after a revocation for reckless homicide or aggravated DUI involving fatality. These are among the most serious offenses affecting driving privileges in the state, with strict penalties and limited paths to reinstatement. It is essential to understand the license reinstatement process in Illinois when petitioning for driving relief after a reckless homicide revocation.

Legal Definition of Reckless Homicide

Under 720 ILCS 5/9-3(a), a person commits reckless homicide if they unintentionally kill an individual while operating a motor vehicle and do so recklessly, meaning with a conscious disregard of substantial risk. This includes driving behaviors such as excessive speeding, street racing, texting while driving, and DUI, when such conduct causes a fatality.

Classification and Penalties

In Illinois, reckless homicide is typically charged as a Class 3 felony, but it can be elevated to a Class 2 felony under certain aggravating circumstances. The distinction is based on the nature of the incident, location, and victim involved.

Class 3 Felony – Standard Reckless Homicide

Reckless homicide is charged as a Class 3 felony under 720 ILCS 5/9-3(a) when a person causes the death of another by operating a vehicle recklessly, and none of the statutory aggravating factors are present. The potential penalties for Class 3 felony are as follows:

• 2 to 5 years in the Illinois Department of Corrections
• Fines up to $25,000
• Probation or conditional discharge may be available, depending on the case and criminal history
• Mandatory driver’s license revocation
• Ineligibility to obtain a driver’s license for a minimum of 24 months from the date of release from imprisonment

This 24-month period only begins upon release from incarceration for the reckless homicide offense itself. Release from jail or prison for parole or probation violations does not count toward this timeline.

Class 2 Felony – Aggravated Reckless Homicide

Reckless homicide becomes a Class 2 felony when certain aggravating factors apply, as outlined in 720 ILCS 5/9-3(e)–(f). Aggravating factors include the following:

1. Death occurs in a school zone while children are present
2. Victim is a peace officer, firefighter, or EMT performing official duties
3. Incident occurs in a construction or maintenance zone with workers present
4. Multiple fatalities result from the same reckless act

When statutory aggravating factors are present, reckless homicide can be charged as a Class 2 felony in Illinois. The potential penalties for aggravated reckless homicide are as follows:

• 3 to 14 years in prison
• 6 to 28 years if the offense results in the deaths of two or more people
• Probation is not available in these cases due to mandatory imprisonment
• Mandatory driver’s license revocation
• Ineligibility to obtain a driver’s license for a minimum of 24 months from the date of release from imprisonment

This 24-month period only begins upon release from incarceration for the reckless homicide offense itself. Release from jail or prison for parole or probation violations does not count toward this timeline.

Penalties for Driving While Revoked After Reckless Homicide

Driving while revoked for reckless homicide is treated as an extremely serious offense under Illinois law. Consequences escalate significantly with each offense:

• First offense: Class A misdemeanor with mandatory minimum penalties
• Second offense: Class 2 felony with mandatory prison time and no probation eligibility
• Third offense: Class 1 felony, mandatory imprisonment, and lifetime revocation of driving privileges
• Subsequent offenses: Additional felony charges with increasing penalties, including extended imprisonment and seizure of the motor vehicle

Illinois law imposes a permanent lifetime revocation of driving privileges for individuals convicted of driving while revoked for reckless homicide a third time. There is no eligibility for license reinstatement after a third offense under these circumstances.

Filing for a Secretary of State Hearing After Reckless Homicide

To apply for a restricted driving permit or license reinstatement following a reckless homicide conviction, a petitioner must submit a written request for a formal hearing to the Illinois Secretary of State. The request for a formal hearing must include the following items:

• A certified copy of the sentencing order from the circuit court, or
• A document from the Department of Corrections that shows:
  • The offense of conviction
  • The exact date of release from imprisonment
  • Terms of parole or supervised release

A driver’s license attorney offers critical support when requesting driving privileges after a reckless homicide conviction. Counsel with proven experience in Secretary of State hearings can ensure that sentencing orders and correction department records are properly certified and that all necessary documents are presented in the initial filing. Reckless homicide revocation is serious and hearings can be complex. A petitioner should enlist experienced counsel to represent their interests.

Driver’s License Hearing for Illinois Reckless Homicide Revocation

At a formal hearing for driving relief after a reckless homicide conviction, the hearing officer evaluates whether granting any driving privileges is consistent with public safety and welfare. The Secretary of State will consider several factors, including, but not limited to the following:

• Facts of Offense: The Secretary will have evidence pertaining to the accident, including, but not limited to, the name of the victim(s), cause of death, the nature of the accident, and any media articles about the incident. It is essential that these documents are obtained in advance, and that the petitioner provide accurate reporting at their hearing.
• Evidence of Rehabilitation: Petitioners must demonstrate completion of any recommended substance abuse evaluations or treatment programs. The Secretary may also look at lifestyle changes, the cause of high-risk behavior in the past, and the petitioner’s level of acceptance for a prior alcohol/drug-related problem.
• Driving and Criminal History: The State may review prior traffic offenses, accidents, and any dispositions for driving on a revoked license.
• Remorse and Responsibility: The demeanor of the petitioner is closely observed to assess whether they accept responsibility and show genuine remorse for the incident.
• Supporting Documents: Petitioners must provide original court orders, records from the Department of Corrections, character references, and other relevant documents.

An Illinois Secretary of State hearing for reckless homicide requires legal skill and preparation. It is essential that a petitioner consult with an experienced license reinstatement attorney prior to beginning this process. Counsel can manage witness preparation, examine opposing evidence, and review the petitioner’s documents comply with Secretary of State standards.

Free Consultations

Wirth Law provides experienced legal representation to help navigate this complex process. We advocate at Secretary of State hearings and work to present a strong case for driving relief. Services are available to clients throughout Illinois, not just in Chicago. To schedule a free consultation to review your specific case, please contact our office at (312) 761-8290 or email directly at jennifer@wirthlaw.org.

Further Reading on Illinois Driver’s License Reinstatement

• Practice Area: Driver’s License Reinstatement
• Step-by-Step: The Illinois License Reinstatement Process
• Understanding DUI Revocations in Illinois
• The PDPS: Out-of-State Residents Facing a Driver’s License Hold for an Illinois DUI
• Types of Driving Relief after an Illinois Driver’s License Revocation
• Driver’s License Reinstatement after Reckless Homicide