Southern Illinois Revoked Driver’s License Attorneys

In Illinois your driver’s license may be revoked if you are convicted of Driving under the influence (DUI), various traffic offenses, or another offense involving a fatality.  However, revocation or suspension of your license may not be permanent.  Drivers who seek to have their driver’s license reinstated can request an administrative hearing with the Secretary of State.

Informal Carbondale Revoked License Hearings

If a driver’s license has been suspended or revoked for an offense not involving a fatality, a single DUI arrest, or for a sanction related to lesser moving violations, the driver will be questioned in an informal Southern Illinois hearing.  Informal hearings can result in a restricted driver’s license or a full reinstatement of driving privileges[1].  It is important to speak to an experienced Southern Illinois Secretary of State hearing attorney before attending an informal hearing in order to make certain that you have the best opportunity to have your driving privileges restored.

Formal Marion Secretary of State Hearings

When a driver’s license has been suspended or revoked due to multiple DUIs or a fatality-related offense, it may be possible to request a formal hearing.  In order to obtain a formal hearing, it is necessary to make a written request to the Secretary of State. During a formal hearing, the Secretary of State[2] may ask many detailed and intense questions, which can include the details of the arrest; if the driver has experienced any symptoms of alcohol abuse and dependence; and if the individual made any changes to their life since the arrest.  A hearing officer will provide a summary in a written report including a decision which is usually mailed in 4-8 weeks.

Limited Southern Illinois Driving Privileges

If your license has been revoked, limited driving-privileges may be granted if:

  • You have a job, are in school, or need medical treatment; and
  • It is necessary for you to drive to get to these places.

The license will only be good for certain hours and for certain areas or routes. This privilege is conditional. In some instances, you can ask the court to provide temporary driving privileges while in others you have to apply to the Secretary of State. The only relief from a statutory summary suspension involves the installation of a Breath Alcohol Ignition Interlock Device (BAIID) on your vehicle which does not apply to revocations for DUI convictions.

Contact a Marion Revoked License Lawyer

The reinstatement process can be a long and confusing road if you try to get reinstated by yourself. Preparation is the key to a successful license reinstatement hearing making it necessary to speak to an experienced Southern Illinois Secretary of State hearing attorney as soon as possible. References [1] http://www.cyberdriveillinois.com/departments/administrative_hearings/home.html [2] http://www.cyberdriveillinois.com

Have questions? We can help!

Would you like to get in touch with us? Please fill out the short form below and we’ll contact you in a manner and at a time of your convenience.

Learn how our knowledge and experience can protect your business interests.

To learn more about our individualized services, click any of the following:

Mineral Rights in Oil and Gas: What You Need to Know

The traditional conception of real property ownership was that a landowner owned his plot of land along with a column of dirt down to the center of the earth and a column of air up to the sky. This conception no longer holds true. It is now common, especially in Southern Illinois, that when one purchases a piece of real property, the purchaser obtains title to the surface of the land, but not the column of dirt beneath it. Very often, the mineral rights to a piece of property have been severed, and the owner of the mineral rights has the authority to mine them. When mineral rights are severed in the conveyance of a piece of property, the severance creates two distinct and separate interests in the land—a surface estate and a mineral estate, either of which can be conveyed, devised, or leased. When this occurs, the owner of the surface estate is subservient to the owner of the mineral estate. This means that he may not interfere with the activities reasonably necessary to extract the minerals from underneath his land. While title to metallic minerals vests2 at the time of conveyance, title to oil and gas does not, due to the tendency of these types of minerals to move around under the earth. Rather, mineral rights in oil and gas do not vest until they are actually discovered. Thus, mineral rights to oil and gas are better conceived of as rights to exploration and, very often, they are mined pursuant to a mineral lease rather than outright ownership. These leases are subject to the same rules as...

When Can Your Neighbors Legally Take Your Land?

When Can Your Neighbors Legally Take Your Land? There is a concept in real estate law that is little known outside the legal world, whereby a trespasser can gain legal title to someone else’s land. The “trespasser” in these cases is usually a neighbor but, nonetheless, someone who does not own your property can become the legal owner by his use of it through a concept known as adverse possession. Claims of adverse possession are creatures of common law in Illinois, and require a showing of several elements. In order to legally take title to land, a person’s use and possession of the land must be: Hostile (against the right of the true owner and without permission) Actual (he or she exercises physical control over the property) Exclusive (In the possession of the trespasser alone and no one else) Open and notorious (the trespasser must use the property as the true owner would without hiding the occupancy) Continuous for a period of 20 years Adverse possession claims are especially common in rural areas (like most of Southern Illinois) as opposed to towns and cities because it is often more difficult to determine where one piece of property ends and another begins. Example of Adverse Possession Let’s take a look at how a hypothetical adverse possession case might play out. Assume there are two property owners—the Smiths and the Joneses—who own neighboring farms. Mr. Smith erects a barn that he believes is on his property, but is actually 15 feet over the property line on the Jones’s farm. Mr. Jones says nothing about this, and Mr. Smith uses this barn as...

Why You Should Never Resist Arrest

Resisting arrest is very common and occurs any time a person interferes with or obstructs an officer’s attempt to make a legal arrest. In Illinois, it is usually charged as a misdemeanor. However, if there is an injury to the arresting officer, the offense rises to a felony. The charge of resisting arrest is defined at 720 ILCS 5/31-1:1 “A person commits the crime of resisting arrest if they knowingly resist or obstruct the performance by a peace officer, firefighter, or correctional institution employee of any authorized act within his or her official capacity.” While the most classic examples of resisting arrest are fleeing from the scene or engaging the arresting officer physically, the statute is worded broadly and encompasses a wide variety of behaviors. For example, you can be arrested simply for refusing to put your hands behind your back, refusing to lay on the ground, refusing to put your hands on the squad car, or refusing to clear the scene of a crime when ordered to do so. Resisting arrest is also a difficult charge to escape; even if the underlying charge against the defendant is dropped, resisting arrest is an independent charge and will remain. Thus, it is not a defense to resisting arrest that the underlying charge was dismissed. Further, a conviction for resisting arrest can even lengthen a person’s sentence if they are ever convicted of a future offense. Possible punishment for resisting arrest is a Class A misdemeanor in Illinois and is punishable by up to one year in prison and up to a $2,500 fine. If the police officer is injured during the incident,...