Hearing Eligibility During and After a Driving on a Revoked License Charge.
On occasion, our office receives calls from revoked persons with a pending Driving on a Revoked License charge in court. In an effort to obtain a more favorable sentence, they want to know if we can clear their DUI-related drivers license revocation before their next court appearance.
The Secretary of State does not allow a revoked driver to attend a hearing, whether formal or informal, while they have a pending ticket. 92 Ill. Adm. Code 1001.420(g) and 92 Ill. Adm. Code 1001.430(h)
Under applicable law, the State will not grant full reinstatement, or a Restricted Driving Permit, while any moving traffic offense is pending against a petitioner in any court of this or any other state. The only exception to this law is where the pending citation or citations are also the only cause of the current loss of driving privileges. 92 Ill. Adm. Code 1001.420(g) and 92 Ill. Adm. Code 1001.430(h)
If a person has a pending Driving on Revoked charge, they cannot attend a hearing until the court closes the case through a finding of guilt or innocence. The Secretary of State also considers the length of time that has elapsed since the arrest for Driving on a Revoked as a factor in their decision making. It is typically not recommended to attend a hearing unless at least six to twelve months have elapsed since a Driving on Revoked arrest.
However, if sufficient time has elapsed, a revoked driver can still be in the process of completing their sentence at the time of a hearing since the case is no longer “pending” for Secretary of State purposes. In fact, our office has represented many people who obtain permits to complete their community service as part of the sentence for their Driving on a Revoked license charge.
When applying for driving privileges after a revocation, it is important to have an experienced drivers license reinstatement attorney represent you in the process. The information in this article is for informational purposes only and does not constitute legal advice. If you would like to discuss the specific facts of your case, we would be more than happy to provide a free consultation.