WE CAN GET YOU COURT SUPERVISION AND KEEP YOU OUT OF JAIL!!!
Losing a driver’s license can create a serious handicap in our modern society—especially in the Chicago suburbs, where public transportation isn’t always readily available or convenient. If a court suspended or revoked your license following a traffic violation, you know how challenging basic aspects of life—such as getting to work or school—can suddenly become. Unfortunately, the penalties for driving with a suspended or revoked license are even more stringent. If police caught you driving after losing your driving privileges, call a DuPage County criminal defense lawyer from Martin & Kent, L.L.C., as soon as possible for the helpful counsel and tough advocacy you need to get Court Supervision and keep you out of Jail.
WHY DID I LOSE MY LICENSE?
You can lose your license in Illinois in several ways, including:
- Driving under the influence (DUI)
- Failing to obtain or maintain car insurance
- Conviction of three traffic offenses within a 12-month period
- Driving a car that failed an emissions test
- No insurance
Our firm is familiar with these scenarios. Furthermore, we know how to defend your freedom and help you stay on the road. Contact Martin & Kent, L.L.C., to discuss your situation. We are prepared to help you reinstate your license as quickly as possible. If you are accused of driving with a suspended or revoked license, we know how to defend you.
A EXPERIENCED LAWYER CAN HELP YOU KEEP YOUR LICENSE IN THE FIRST PLACE
Of course, the best way to avoid the legal issues associated with driving on a suspended or revoked license is to avoid losing your license in the first place. In many cases, the suspension or revocation of a driver’s license is completely avoidable—provided you hire an attorney who knows how to properly handle the issues that can lead to the loss of your driver’s license.
For example, you may think that traffic tickets are relatively minor issues, best handled by simply paying the associated fines and moving on. Paying the fine, however, is an admission of guilt—and convictions for moving violations can lead to the suspension of your driver’s license. In addition, if your ticket requires you to appear in court or you plan to contest the ticket and tell the judge your side of the story, you could miss your court date, which could result in the automatic suspension of your license.
You can resolve these issues by hiring an attorney to fight any traffic ticket you get. First of all, your lawyer will attempt to negotiate a resolution to your case that avoids adding any points to your license. Typically, this involves agreeing to pay an increased fine in return for the prosecutor “amending” the offense to a lesser non-moving violation. In addition, should resolving your ticket require a court appearance, your lawyer will appear on your behalf, eliminating any chance that you will miss your court date.
If you refused a chemical testing of your blood, breath, or urine during a DUI stop or arrest, the officer probably told you that you would automatically lose your license. While Illinois law provides for the statutory summary suspension of a driver’s license for anyone who refuses chemical testing, the officer probably did not tell you that you that you can challenge the suspension of your license. You must request a hearing within 90 days of the notice of suspension. You may still drive while the administrative challenge is pending, and these cases can last for months or even longer. If we can resolve the underlying DUI pending the administrative suspension, you may never need to lose your driving privileges as a result of a refusal.
These are just two of many situations in which an attorney can help you keep your driver’s license when the state would otherwise suspend it. If you face any legal issue that could result in the suspension or revocation of your license, talk to a lawyer right away. Do not ever assume that you cannot avoid the loss of your license. At Martin & Kent, L.L.C., we will review the facts of your case at no cost and let you know whether we believe that we can help you protect your driving privileges while we address the underlying offense or offenses.
DEFENSES TO DRIVING WHILE SUPSPENDED OR REVOKED IN ILLINOIS
Few legal defenses help fight against charges of driving with a suspended or revoked license. In an emergency situation during which you drove to avoid a greater harm, you could raise the defense of necessity. For example, if you were the only one available to take someone in your family with a medical emergency to the hospital, you might legally justify driving. In other, exceedingly rare cases, the state could issue a license suspension or revocation in error. In some cases, a skilled attorney may challenge legal justification for the traffic stop, potentially excluding from court any evidence that police gathered during it.
In the vast majority of cases that involve driving on a suspended or revoked license, the defense attorney’s role is to aggressively negotiate with the prosecutor handling the case to mitigate the consequences you face. Typically, this involves presenting evidence that paints your situation in a more favorable light.
A lawyer could highlight the following to argue for a reduced sentence or charge:
- Explaining the reason that you drove. If you drove for a legitimate reason like getting to work on time or taking your kids to school after they missed the bus, a sympathetic prosecutor may recommend a more lenient sentence or even drop the charges entirely.
- Providing evidence that you arranged alternative transportation. In many cases, prosecutors and courts are much more likely to impose a lighter sentence if the defendant can guarantee future compliance with the law. Evidence that you arranged transportation to get you to and from your obligations may reduce your sentence. Evidence of these arrangements could include an affidavit from a friend or coworker who plans to drive you, or even something as simple as a concrete knowledge of the specific buses or trains you need to take to school or work.
- Evidence that you did not know the state had suspended your license. While ignorance is typically not a defense, your lawyer could mitigate the consequences you face by showing that you thought your license was reinstated or never suspended—especially if you plan to address the underlying issue.
Driving with a suspended or revoked license may seem like a “you did it or you didn’t” issue, but an attorney can make a significant impact on the way that your case is resolved—so talk to an attorney as soon as you can after an arrest for driving with a suspended or revoked license.
TOUGH DEFENSE FROM FORMER PROSECUTORS
At Martin & Kent, L.L.C., our attorneys are former Illinois prosecutors who are recognized across the state as leading criminal defense trial attorneys. With more than 40 years of combined experience, you can rely on our team to protect your reputation and your personal freedom. Do not hesitate to hire the counsel you need and deserve today!
We understand that losing your license is a serious situation—and one that could hurt many aspects of your life. Our goal is to tenaciously and effectively protect your interests. Call Martin & Kent, L.L.C., at (630) 474-8000 to set up a free case evaluation with our team so we can discuss your options today.
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