In the bustling state of Illinois, drivers may find themselves in a precarious situation after a seemingly minor traffic violation. What they may not be aware of is that these minor infractions, when coupled with accidents causing personal injury or even death, can lead to the suspension or revocation of their driver’s license. In this blog post, we’ll delve into the details of this often-overlooked legal consequence and shed light on the factors that come into play.
Unexpected Consequences
It’s a scenario that many Illinois drivers have faced: a seemingly minor moving violation results in an accident causing personal injury or fatality. What comes as a surprise to these individuals is the subsequent receipt of a notice from the Illinois Secretary of State, indicating the suspension or revocation of their driver’s license. These drivers, often assured by the court, a prosecutor, or even their own attorney that pleading guilty would have no further legal implications, find themselves in a complicated situation.
Legal Provisions
The root of this issue lies in the legal provisions outlined in Section 625 ILCS 5/6-204(a)(4) of the Illinois Vehicle Code and Chapter 92, Section 1040.46 of the Illinois Administrative Code. According to these statutes, even a minor moving violation that directly causes personal injury or death can lead to the suspension or revocation of one’s driver’s license and driving privileges.
Determining the Consequences
The severity and duration of the suspension or revocation depend on several factors, as assessed by the Secretary of State. These factors are evaluated using a point scale, taking into account:
- The seriousness of the conviction resulting from the accident.
- The number of injuries sustained in the accident.
- The individual’s past driving record, including prior serious violations like reckless driving and speeding excessively over the speed limit.
- Any history of previous license suspensions or revocations.
Suspension or Revocation
If the accident resulted in a fatality, the Secretary of State automatically imposes a revocation of the driver’s license, rather than a suspension. Notably, the point system is not applicable in cases of accidents resulting in death.
Duration of Consequences
The duration of the suspension or revocation varies based on the circumstances. A driver’s license suspension can last anywhere from 3 months to 12 months, while a revocation is imposed for a minimum period of 1 year. In the event of a revocation, the individual is required to attend an administrative hearing before the Secretary of State to regain their driving privileges.
Time Constraints
It’s crucial to note that any action taken against a driver’s license under these provisions must be imposed within 6 months of the conviction of the offense or 1 year from the date of the accident, whichever is later.
While Illinois drivers may believe that minor traffic violations have no lasting consequences, they should be cautious when these infractions result in accidents causing personal injury or death. The suspension or revocation of a driver’s license can have a significant impact on one’s life, making it essential to understand the legal ramifications. Drivers should always seek legal counsel and explore their options before pleading guilty in such cases, as the repercussions may extend far beyond their expectations. If you are seeking legal counsel for a traffic violation in the Fairview Heights, IL area, contact Don Cary Collins, Attorney at Law. We are experts at assisting individuals who have had their driver’s license suspended or revoked and seek to regain driving privileges.
