Attorney Steven C. Haney Discusses Driver's License Reinstatement / Secretary of State Hearings In Illinois
(EMAILWIRE.COM, October 30, 2015 ) Chicago, IL -- Hire the Teacher, not the Student When you enlist the help of Joliet drivers license reinstatement attorney Steven Haney, you'll receive the counsel of an accomplished former prosecutor who has helped hundreds of people get drivers license reinstatement. Our attorney has practiced before the Secretary of State for two decades. He will properly prepare you for a formal hearing. He knows what the hearing officer needs to
Joliet Driver's License Reinstatement Lawyer
Joliet, Illinois Driver's License Reinstatement Attorney
Complete Drivers License Reinstatement Preparation
It is a myth that the first hearing for drivers license reinstatement is always a denial. In fact, if you are properly prepared, you should absolutely win at your first hearing.
Illinois Drivers License Reinstatement lawyer Steven C. Haney will:
completely review your driving record, discuss all available options for restoring your driving privileges as soon as possible,
fully explain the hearing process, prepare you for any alcohol and drug evaluations needed for a hearing, make sure all documents and forms are in properly prepared and in good order, provide an individualized study guide prior to the hearing, and provide a practice session(s) prior to the hearing so that you are fully prepared.
Our drivers license reinstatement attorney will prepare you for a current drug and alcohol evaluation after reviewing your documents. He will teach you about the hearing process and educate you on all the questions you will be asked at the hearing and how to best answer them. If a hardship exists in your family or financial picture, he will make a convincing case for it.
If your license is revoked due to a DUI conviction, the time is now to get skilled advice on how to get your drivers license back. We'll help you at all stages of the process when you are in need of a formal hearing before the Illinois Secretary of State's office. You can trust our experience, and knowledge of DUI and Drivers License Reinstatement law to give you the best possible chance of license recovery.
Our Joliet drivers license reinstatement attorney will devote his signature hard work and client commitment to the goal of achieving license reinstatement for you.
Common Driver's License Reinstatement Questions
What is the difference between an informal hearing and a formal hearing for a DUI revocation?
Typically, a person who has had at least 2 DUI dispositions on their driving record will be required to have a formal hearing. A formal hearing must be requested through a written application for a hearing and requires a $50 filing fee. It takes approximately 2 months to obtain a hearing date once the application is processed by the Secretary of State.
Present at the formal hearing will be the petitioner (the person seeking driving relief), the petitioner's attorney, a hearing officer, and an attorney for the Secretary of State. It is an evidentiary hearing during which the petitioner is required to prove by clear and convincing evidence that return of driving privileges is appropriate.
An informal hearing is, typically, only available for a person with only 1 DUI disposition resulting in revocation. In most circumstances this arises from an out of state DUI that gets reported to the Illinois Secretary of State as a "conviction". A Joliet DUI lawyer can explain more.
An informal hearing does not need to be scheduled. Such a hearing is done on a walk in basis during normal business hours. An attorney can prepare someone for an informal hearing, but cannot participate at the hearing.
In either type of hearing, a decision is not given at its conclusion. A written decision will be mailed approximately 2 months from the date of the hearing.
Do I need an attorney to represent me at the hearing to get my driving privileges returned?
The presence of an attorney is not required. However, many people wrongly believe that simply the passage of time is the biggest obstacle to getting their drivers license back. The hearing process is similar to a mine field littered with hidden land mines. It may look like a clear path to the end of the field, but only an experienced attorney who is familiar with the mind field and location of the mines can safely navigate through it.
Does the Secretary of State usually deny people at their first hearing?
One of the biggest myths of the hearing process is the Secretary of State always denies a person at their first hearing. This is absolutely incorrect.
The Secretary of State will always deny a person the return of driving privileges if given any single reason to do so. It does not matter if it is a person's first hearing or their tenth hearing. Answer all questions without error and present documents containing no error and you will get approved for the return of driving privileges.
Is it likely to get full driving privileges returned without the need to first receive a restricted driving permit?
It is very unlikely that the Secretary of State will restore full driving privileges to anyone without first making the person drive on a restricted driving permit. For this reason, it is proper practice to always request that the Secretary of State grant a permit if a decision is made to deny full reinstatement.
Once a restricted driving permit is granted, when can full driving privileges be restored?
Initially, a person must be eligible for full reinstatement. Thereafter, another hearing needs to occur after a person has driven for 9 months on the restricted driving permit. Assuming there have been no driving infractions while on the permit, a person should have little difficulty in receiving the return of full driving privileges if the hearing is properly conducted.
Will I be required to have a BAIID device installed in my car as a condition of my restricted driving permit?
A restricted driving permit will require the installation of a BAIID (breath machine), if a person has suffered a loss of driving privileges on 2 separate occasions due to DUI violations occurring within 10 years of each other. If required, the BAIID will need to be installed in every vehicle registered to the permit holder and will have to stay in the vehicle for a full year.
What role does the alcohol evaluation play at the hearing?
The alcohol evaluation is the single most important document at the hearing for drivers license reinstatement. A hearing can be lost before it begins if the evaluation is not properly done. It will describe a person full alcohol and drug use history, and further provide information on each DUI arrest.
Making sure this information is consistent with a person's history and risk classification is imperative to success at the hearing. In my practice, I make sure I get involved in the process prior to the evaluation occurring. Failure to prepare a client for the alcohol evaluation is the single biggest mistake attorneys make in handling Secretary of State hearings.
My DUI case just concluded with a conviction and I have been notified by the Illinois Secretary of State that my license is being revoked. How long can I expect to be without any driving privileges?
If it is your first conviction for a DUI, you should be able to proceed immediately to get driving relief unless you are still under a summary suspension of your license that arose from the DUI arrest itself. If it is your second DUI conviction, you will be ineligible for any hearing for one year from your date of revocation and you will not be eligible for full reinstatement for five years from the date of revocation. If it is your third DUI conviction, you will be ineligible for any hearing for one year from your date of revocation and you will not be eligible for full reinstatement for ten years from the date of revocation. A fourth DUI conviction will cause a lifetime revocation under current law.
What does a Restricted Driving Permit cover?
A restricted driving permit limits the scope for which a person can drive. A restricted permit will allow a person to drive to and from work and within the scope of the job. It also allow for a person to get to and from school, support meetings for AA, and to/from daycare for a family household member.
My classification is level 3 dependant. Do I need to attend AA in order to have my license returned?
Quite simply, the answer is no. Anyone who is assessed as level 3 dependant must present proof that they are using a support system to help maintains sobriety. AA is a traditional support system that works well for many people. But not everyone benefits from the AA program for various reasons. The use of family members and close friends can properly substitute as an acceptable support system for a dependant person. This support system is referred to as Non- traditional support and will work well with the Secretary of State if properly documented and discussed.
How long does the formal hearing process take?
There is nothing quick about the formal hearing process for return of driving privileges. Typically, once an application for driving relief is submitted a hearing will be scheduled within approximately 8 weeks. At the conclusion of the hearing, a decision is not then provided. It will take approximately another 8weeks to obtain a written decision of approval or denial.
Call Our Drivers License Reinstatement Attorney
If drivers license reinstatement is your goal, get a closer look at how our skilled lawyer can help you during a free initial consultation. You also may obtain more information from the Illinois Secretary of States website.
Joliet criminal defense lawyer - serving Will County clients for 28 years. You can also learn more @ Our website.
Law Office of Steven C. Haney
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