Ray Flavin's Legal Blog

A driver's license can be suspended for many things,  Here are a few that you should memorize.  Read them closely, because they can be tricky.  For example: how many tickets does a person usually get in one year before suspended (answer at the end) 

You can only get two supervisions for ANY type of moving violation per year.

Three or more moving convictions in a year, suspends your license.

Two or more in 24 months if your under 21.

Your first DUI conviction revokes your license -- Good news for those charged with DUI: drivers are rarely convicted on their first DUIs

Two open alcohol convictions in a year suspends your license.

One conviction for leaving the scene of an accident suspends your license.

Your license can be suspended for multiple violations of: Toll Booths, Parking Tickets, Failure to pay child support, Possession of alcohol by an minor, zero tolerance for minors (in all there are 36 ways to get your license suspended)

Ray Flavin

Answer: 5  ... two supervisions, then three convictions, then suspension (if you got that you're good)

Posted by lawblog at 08:30 PM | Permalink

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Well it appears that the federal government is going to rain on Illinois' party.  For years Illinois has had an alternative sentence (or disposition) for those charged with DUI.  Only one other state has a similar system.  The system works like this:  a person charged with a first DUI can avoid a conviction, by paying a fine, completing school and attending a VIP (Victim Impact Panel) if the judge and the prosecutor can agree.

It was a great system, it allowed many people to avoid DUI conviction which generally followed them for life.

Problem: The federal government, the same folks that brought you standardized CDLs (commercial drivers licenses) have a tracking system for drivers that they would like to implement to track us all better.  Seems listening to our phone calls just wasn't satisfying enough.  This tracking system works well when every state reports uniformly.  It doesn't work well when you have stand out states who won't report uniformly. 

Solution, demand those states change their laws to fit the federal model.  I don't have a clear read on how long this change will take to happen, but you can tell your friends you heard it first here.

Ray Flavin

Posted by lawblog at 08:21 PM | Permalink

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It should be no surprise that the courts and the legislature like to "fix" the law so that catches the "bad guys" fairly or not.  DUI law is a prime example of this.

If you didn't know the law you would assume that to get charged with a DUI you would have to be driving.  Well, not so (in Illinois).  There have been a couple of cases decided by our very imaginative judges that demonstrate how far they are willing to stretch the language in order to make a DUI stick.

Case #1:  A girl, naked, sleeping in a sleeping bag in the back seat of her car with the keys stuffed in the bottom of the sleeping bag.  Police find her, wake her up, she fails both field sobriety tests and the breathalyzer.  Ok what is your ruling, was she driving under the influence?

Case #2:  A man pushing a car, with the drivers door open, keys in the ignition (to unlock the steering wheel), motor off.  Police stop to ask him why he's pushing the car and he replies, "So that I'm not driving under the influence."  He fails the field sobriety tests and the breathalyzer.  Ok, what is your ruling, was he driving under the influence?

The law says that to be DUI, a person must be in actual physical control of a vehicle.  The courts have interpreted that to apply in both cases.  No surprise here, the state is going to do whatever it can to make every DUI stick, whether that is the right thing to do or not.

Ray Flavin

Posted by lawblog at 09:12 AM | Permalink

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Many drivers do not know that you can get a DUI driving a lawn tractor on your own property while intoxicated.  This is because Illinois law says that operating a "motor vehicle" anywhere in the state can result in a DUI.  The definition of motor vehicle covers the lawn mower, golf cart, etc.  And, if your lawn is in Illinois the law applies.

The interesting thing is that statutory suspension law doesn't apply anywhere but "highways." So you can't have your driver's license suspended for mowing your lawn under the influence or MUI,  (I couldn't help myself on that one.)

The law has been expanded by the courts interpretation of highway. Now highway means any parking lot, access road, or publically maintained road.  The courts have cut one exception into this definition of highway, and that exception works like this: You can't be suspended if there is no evidence that you ever drove on the highway, for example, crashed the car in the ditch on the way OUT of the bar parking lot.  I know that its confusing but with our legislators and judges we're damn lucky its in complete sentences.

Short test:  So if your DUI and driving INTO a bar parking lot can you be suspended.   Answer, Yes.

Ray Flavin

Posted by lawblog at 08:52 AM | Permalink

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There is a section on taking the breathalyzer in the "book" that is behind the password.  Don't miss it.

Ray Flavin

Posted by lawblog at 09:07 PM | Permalink

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About 12 days after your arrest you will receive a confirmation from the Secretary of State that defines your suspension period, and asks you to send from $250 - $500 in a blue envelope enclosed in the letter.

Generally speaking you should talk to your attorney before you pay the fee.  First, if the municipality who arrested you agrees to throw out the suspension YOU DONT HAVE TO PAY THE REINSTATEMENT FEE.  If you do have to pay the reinstatement fee it will be $250 if this is your first DUI, and $500 if it is your second or more (including DUI supervisions).  For you second offenders there are some exceptions so make sure and check with me before paying.

When should you pay the reinstatement fee.  Well the Secretary of State's office is among the slowest in the nation.  Which means that if you are paying by check you should give them 45 days (before the end of your suspension).  You can pay by VISA by calling them at 217 782 3619, inexplicably it will take them another 3-5 days to process the VISA charge. (I told you they were slow)

As in all of these situations, it is better to ask before you pay, because getting a refund from the Secretary of State can be a slow affair, no surprise there.

Ray Flavin

Posted by lawblog at 06:09 PM | Permalink

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I am always talking with people about DUIs.  No not my clients.  Other people hear I'm an attorney, specifically a DUI attorney, and the stories start.

There is one thing that I have heard about a dozen times and it's starting to make me crazy.  I ask the person how much they paid for their DUI (first timers).  And without exception they will say, "Oh, $2,500," or more.  Okay, folks, that's CRAZY.  Hiring out-of town (area code 847, 312, etc.) attorneys for a local DUI is NUTS.

My fees are a little more than half that, and you will be thrilled with the customer service, personal attention and the depth of my knowledge of DUI. 

So much for the shameless plug.

Ray Flavin

Posted by lawblog at 09:04 PM | Permalink

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When a person gets charged with DUI, he will get from 9 to 15 letters from attorneys soliciting business.  When the real estate market goes bad, the person might get 25 letters.  It all depends on how much business that the real estate attorneys lost to the economic downturn.  If you look at these attorneys closely you'll be able to spot them a mile away.

Look at their yellow page ads.  They list Real Estate, Wills, Traffic, DUI, Personal Injury, Etc.  There's always a long laundry list of what they do.  DUI law keeps changing.  It's one of the favorite areas for the legislature to attack (We've all heard from our state reps trying to get your vote, how tough they're gonna be on DUIs).  It's hard to keep up with the changes. Do you think these Real Estate/DUI attorneys keep up?  No, I didn't think you did.

I guess it's one of those, "would you go to the Dentist for a problem with your foot?" things.

In the yellow pages, you'll find me under DUI, and only DUI .... it's what I do.

Ray Flavin

Posted by lawblog at 08:03 PM | Permalink

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Currently I am having a fight with the Secretary of States office over how long it takes for them to take action on suspensions after the court orders the suspension thrown out.  They claim it only takes a short time which is a lie.

Generally, the Secretary of State has taken 5 days to three weeks to act.  We can speed that up by using Fed-Ex to get the certified court orders to our courier in Springfield who will walk the orders into the appropriate office at the Secretary of States office.  But, should we have to do that?

The reason it is so important to act fast in DUI cases is that the suspension will start 46 days after the DUI stop (in most cases).  The police officer will set the court date on about that date (15 to 60 days, generally).  This means that when you get to court the suspension may have already started, or will start shortly.  What we need to do is reset the date earlier, so that if we can convince the court to throw out the suspension, the Secretary of State will act before the suspension is scheduled to start, so that you are never suspended.

Ray Flavin

Posted by lawblog at 04:30 PM | Permalink

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I have been sending out DUI letters for about 12 years.  When I started, there were a whole different set of lawyers sending out letters.  I remember one lawyer that sent out letters that said you should hire him because he was a former PD "Public Defender."  In his letter he said, "I've had a lot of experience, and I KNOW THE PLAYERS."

From time to time my clients will bring me all of the letters that they get, and I saw his letter.  A few days later in court, he comes up to me and asks, "Do you know who the prosecutor for Lake in the Hills is?"

Priceless.

Ray

Posted by lawblog at 07:48 PM | Permalink

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I have several friends who work for the Secretary of State.  There is an automated number you can call to find out whether your license is suspended or not.  I told them about the number, and none of them knew it existed.  Priceless.

Just for you guys, it's:  217 782 6212

Ray Flavin

Posted by lawblog at 07:38 PM | Permalink

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Another confusing topic, well no more .... read on.

A lot of drivers don't know the difference between revocation and suspension.  When you think of revocation, I want you to think of Pete Rose.  Pete Rose is revoked from baseball, in order to get back in he will need to beg.  If he doesn't beg he won't get back in.

A revocation of a drivers license occurs when a drivers receives a conviction for DUI.  The first conviction will revoke a drivers license.

When you think of suspension, I want you to think of Daryl Strawberry.  Daryl Strawberry is suspended from baseball, he just has to wait until the suspension is over and he can get back in.  He doesn't need to do anything just wait.

A suspension of a drivers license occurs when a driver refuses or fails a blood alcohol test (breathalyzer, blood, or urine).  The suspension lasts for a certain period of time (it starts on a certain date and ends on a certain date), after that if the driver has paid his reinstatement fee, his license will automatically be reinstated.  Generally, first offenders (DUI) are suspended not revoked.

There is one exception.  An Illinois driver who receives a Wisconsin DUI.  Although most all Illinois first DUIs receive supervision, Wisconsin has no supervision.  So Illinois will count the Wisconsin DUI as a conviction...... AND REVOKE the drivers license.  It just doesn't seem fair.

Ray

Posted by lawblog at 07:32 PM | Permalink

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A lot of drivers are confused about what supervision is, so I'm going take a minute to get you up to speed.  Supervision is an alternative disposition.  Before supervision, you could be convicted or found not guilty of a crime.  A record of convictions (or rap sheet) was kept on every person who received a conviction for a crime.

Illinois has a policy of revoking the driving privileges of anyone who was convicted of DUI.

What happens with supervision is this:  the conviction is withheld, and the driver is given a chance to complete alcohol counseling, attend a victim impact panel (one hour session), pay fines and not violate the law for a year while on supervision.  If he successfully completes supervision the charges are dropped.

In Illinois you can only get one supervision for DUI in a lifetime.

Because you can only get supervision once in a lifetime, Illinois needs to keep track of who has used up their once in a lifetime supervision.  They do this by keeping a DRIVERS ABSTRACT FOR COURT PURPOSES.  This record keeps track of all supervisions.  Only drivers, their attorneys,and the prosecuting attorney can get copies of this special record.  Insurance companys do not get to access this record

Also, at the beginning of this year the legislature changed the law, so that a driver may only get 2 supervisions per year on any traffic violation.

Hope that helps,

Ray Flavin

Posted by lawblog at 07:18 PM | Permalink

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