Legal Question in Traffic Law in Illinois
BACKGROUND: A friend of my mine has had driving issues in the recent past. In 2009 my friend was cited for driving on a suspended license; the court disposition of this case in mid-December 2009 was "CHARGE DISMISSED - WITH LEAVE TO REINSTATE". My friend unwisely was cited two times within a week in mid-April 2010 of again driving on a suspended license. There was no alcohol or drugs involved, just stupidity for driving on a suspended license. I have a few questions about my friend's case:
1. Will the 2009 driving on a suspended license offense which was 'dismissed with leave to reinstate' be reinstated?
2. Will the 2009 driving on a suspended license offense which was 'dismissed with leave to reinstate' be considered by the judge when he decides the punishment/sentence for the two new charges of driving on a suspended license? I'm assuming that multiple violations of the same offense may incur stiffer penalties.
3. What are typical/likely sentences that my friend could receive for the second and third violation of driving on a suspended license? My friend has no other pending offenses, but has one other possibly related conviction -- possession of a fake license/ID card (Class A Misdemeanor)
4. Can you recommend a lawyer in the St. Clair county area with an expertise in representing "driving with suspended license" cases?
1 Answer from Attorneys
Hi. I am an Illinois and Missouri licensed attorney that focuses on three primary areas of law in my practice: personal injury, criminal defense, and workers' compensation. I handle issues throughout most of eastern Missouri and southwestern Illinois, including the Metro-East.
Your friend's situation will probably not be looked at very favorably by a local prosecutor or judge, as repeat violations of similar or same offenses can significantly decrease the willingness of a prosecutor to negotiate. If he does not obtain an attorney and a conviction is obtained, he could be looking at fairly stiff penalties, including revocation of his driving privileges, subtantial fines, and potential jail time.
In response to your first question-Yes, the 2009 driving on a suspended license charge can be reinstated. One question here is whether he received probation as a condition for the 2009 charge being dismissed. If so, the 2010 charges would likely be considered a violation of his probation. Another important issue is what the original charge was that caused his license to be suspended in the first place.
In response to the second question-Yes, the 2009 offense can and, most likely, will be considered by the prosecutor or judge.
All municipalities handle this offense slightly differently, and the court procedures vary depending on where the tickets were issued. Also, the procedures will be different depending on whether the tickets were issued by county police or municipal police. Thanks.
I can be reached, for your convenience, via e-mail at [email protected].
NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.
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