Illinois DUI lawyer explains how to get your Driver's License back after a DUI - YouTube

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How can you get your Illinois driver's license back
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after a DUI suspension?
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Welcome! My name is Steve Fagan from the law firm of Fagan, Fagan & Davis a DUI defense firm
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here in the Chicago area in Illinois.
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join for a moment want to come on in
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we'll talk about
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how you get your driving privileges
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restored
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after a DUI suspension in Illinois
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So first of all,
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when we're talking about getting your driver's license back in Illinois, we're not
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talking about getting your physical driver's license, that piece of plastic that the
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officer took for me when you were arrested for DUI.
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That's all it is - it's a certificate
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that says that you have valid driving privileges with the secretary of
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state. We're really concerned
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with what the secretary of state's computer says about the validity
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of your driving privileges.
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And the reason where worried about that is because
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a suspension
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for DUI means you can't drive, and if you do, you're facing criminal
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charges if your found to be doing that
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in many cases the charges that you'll face are felony charges. So it's quite serious
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Now, how this all starts is that when you're arrested for DUI in Illinois
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the police officer gives you, in most circumstances,
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what's called a Notice of Statutory Summary Suspension.
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If you were given the incorrect copy of the form, you'll have something called
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the "Law Enforcement Sworn Report."
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But it's a Notice of Statutory Summary Suspension, it contains the same
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information.
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Now, what happens with this other copy (the law enforcement sworn report for example)
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is that one copy goes to the clerk's office in the court where your case will
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be heard for the DUI, and the other copy goes down to the Secretary of State of
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Illinois.
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The Secretary of State of Illinois will then inspect your driving record to see
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what kind of suspension should enter, and whether you submitted to
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chemical testing or not.
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Now the suspension will be entered for as little as six months, and up to as many
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as thirty six months depending on those factors.
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How to challenge the suspension, and
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whether a permit is available how to get the driving permit
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is great question, but it's a question for another video. And if you look through our
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videos you'll find the answers to those questions as well. Right now let's talk
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about what happens next after the Secretary of State
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gets this notice.
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You, a couple weeks later maybe three weeks later will get with something from
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the Secretary of State called a "Confirmation of Suspension".
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This suspension is going to list some very important information
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on the upper right hand side
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of the page.
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First of all,
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this piece of paper is going to indicate the
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beginning
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the start date of your suspension.
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That should take place on the forty-sixth day
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following the date you were given the Notice of Suspension by the officer.
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The Secretary of State will indicate the start date of your suspension
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and that it begins at 12:01am on that day.
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That's when it's prohibited for you to be driving. Another important piece of
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information directly underneath that, is going to be the "projected eligibility"
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date for reinstatement.
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It's provisional.
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Why is it provisional? Why is it projected? Why don't they just say "here's when the suspension
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ends"?
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because you would have to do something to end it.
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What do you have to do? I'll tell you.
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You have to pay a
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reinstatement fee that the Secretary of State is going to specify.
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The Secretary of State is going to indicate to you what you have to pay,
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when you have to pay it,
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where you can pay and what form of payment is accepted.
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That's all gonna come with your confirmation of statutory summary
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suspension.
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We certainly have been contacted by people arrested for driving while
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suspended, a criminal offence in Illinois simply because they failed to pay that
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reinstatement fee in a timely fashion.
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In some cases they were suspended for
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years longer
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than they should have been
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had they just paid that fee.
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When should you pay that fee? Should you pay it right away?
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No, you shouldn't, because what if your lawyer
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can get the suspension thrown out? You won't have to pay that fee.
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What you should do instead, is target a date about forty-five days before the
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termination date of the
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projected
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eligibility date for reinstatement,
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and pay the fee then.
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Because you want to make sure that the Secretary of State has enough time to
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process your payment,
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put that information into their computer system so that when your eligibility date
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rolls around,
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you'll be eligible to drive right away.
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You're not gonna get a physical driver's license back.
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You will, however, get a letter from the Secretary of State that indicates that
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you are eligible to drive and that you're driving privileges have been
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restored.
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Thank you for joining me. Once again, my name is Steve Fagan from the law firm
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Fagan, Fagan & Davis, we're DUI lawyers here in the Chicago area
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including Cook, Lake and DuPage county courts.
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If you or a loved one is facing DUI charges and you want to talk about
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how we can help you,
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pick up the phone and call the number on your screen right now,
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or send us an email.
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We'll be happy to get in touch and discuss how we can help defend you.