Basically, the Illinois state government enforces the rules of the road in two ways: first, the police ticket drivers who violate the vehicle code, and the court can impose penalties such as fines and even jail time for criminal offenses. Second, the Secretary of State can impose sanctions on a person’s driving privileges as a result of traffic violations.
The Secretary of State is authorized by state law to impose two sanctions: driver’s license suspensions and revocations. A suspension is different from a revocation. Generally, the suspension is a less serious penalty than a revoked license.
A suspension by law cannot last longer than one year, unless the Secretary of State is authorized to suspend a person’s license for longer. 625 ILCS 5/6-208(a). However, there are some exceptions to this rule. For example, a second offense of possession of cannabis which is a felony and was committed in a motor vehicle can result in a five-year suspension of driving privileges. 625 ILCS 5/6-206(a)(28).
But the suspension does not last forever. Upon payment of a reinstatement fee, the driver is entitled to receive his license. The law says the following:
Notwithstanding any other provision of this Code, all persons referred to in this paragraph (b) may not have their privileges restored until the Secretary receives payment of the required reinstatement fee pursuant to subsection (b) of Section 6-118.
625 ILCS 5/6-208(a).
A revoked license, by comparison, can last forever. The law says a revocation will last for one year, but there is a catch. The revocation will last indefinitely until the driver appears before the Secretary of State in a formal hearing for reinstatement.
For illustration, the statute says the following:
In no event shall the Secretary issue such license unless and until such person has had a hearing pursuant to this Code and the appropriate administrative rules and the Secretary is satisfied, after a review or investigation of such person, that to grant the privilege of driving a motor vehicle on the highways will not endanger the public safety or welfare.
625 ILCS 5/6-208(b).
This is an important difference between the suspension and revocation. A suspension will last for a definite period of time, but a revocation can last indefinitely.
A person who was revoked will remain so until he can show at the hearing that his reinstatement will not endanger the public safety or welfare. See Section 6-208(b). Whether such person neglects to ever do a formal hearing, or is continually denied at a formal hearing, his license will be revoked indefinitely.
A suspended license, on the other hand, can be reinstated upon the fulfillment of two conditions: first, the suspended driver has reached the termination date of the suspension. And second, the suspended driver has paid his or her reinstatement fee.
The administrative penalties imposed by the Secretary of State can be very damaging. If you have a traffic ticket and face possible suspension or revocation, you must consult with a lawyer or you could lose your driving privileges for a long, long time.
Basically, the Illinois state government enforces the rules of the road in two ways: first, the police ticket drivers who violate the vehicle code, and the court can impose penalties such as fines and even jail time for criminal offenses. Second, the Secretary of State can impose sanctions on a person’s driving privileges as a result of traffic violations.
The Secretary of State is authorized by state law to impose to sanctions: driver’s license suspensions and revocations. A suspension is different from a revocation. Generally, the suspension is a less serious penalty than a revoked license.
A suspension by law cannot last longer than one year, unless the Secretary of State is authorized to suspend a person’s license for longer. 625 ILCS 5/6-208(a). However, there are some exceptions to this rule. For example, a second offense of possession of cannabis which is a felony can result in a five-year suspension of driving privileges. 625 ILCS 5/6-206(a)(28).
Generally, upon payment of a reinstatement fee, the driver is entitled to receive his license. The law says the following:
Notwithstanding any other provision of this Code, all persons referred to in this paragraph (b) may not have their privileges restored until the Secretary receives payment of the required reinstatement fee pursuant to subsection (b) of Section 6-118. 625 ILCS 5/6-208(a).
A revoked license, by comparison, can last indefinitely. Whereas the law says a revocation will last for one year, there is one condition. The revocation the last indefinitely until the driver appears before the Secretary of State in a formal hearing for reinstatement.
For example, the statute says the following:
In no event shall the Secretary issue such license unless and until such person has had a hearing pursuant to this Code and the appropriate administrative rules and the Secretary is satisfied, after a review or investigation of such person, that to grant the privilege of driving a motor vehicle on the highways will not endanger the public safety or welfare. 625 ILCS 5/6-208(b).
This is an important difference between the suspension and revocation. A suspension will last for a definite period of time, but a revocation can last indefinitely.
A person who was revoked will remain so until he can show any hearing that his reinstatement will not endanger the public safety or welfare. See Section 6-208(b). Whether such person neglects to ever do a formal hearing, or is continually denied at a formal hearing, his license will be revoked indefinitely.
A suspended license, on the other hand, can be reinstated upon the fulfillment of two conditions: first, the suspended driver has reached the termination date of the suspension. And second, the suspended driver has paid his or her reinstatement fee.
