|
offenses against laws and
ordinances regulating the |
movement of traffic, to a degree that
indicates lack of |
ability to exercise ordinary and reasonable care in
the |
safe operation of a motor vehicle or disrespect for the |
traffic laws
and the safety of other persons upon the |
highway;
|
4. Has by the unlawful operation of a motor vehicle |
caused or
contributed to an accident resulting in death or |
injury requiring
immediate professional treatment in a |
medical facility or doctor's office
to any person, except |
that any suspension or revocation imposed by the
Secretary |
of State under the provisions of this subsection shall |
start no
later than 6 months after being convicted of |
violating a law or
ordinance regulating the movement of |
traffic, which violation is related
to the accident, or |
shall start not more than one year
after
the date of the |
accident, whichever date occurs later;
|
5. Has permitted an unlawful or fraudulent use of a |
driver's
license, identification card, or permit;
|
6. Has been lawfully convicted of an offense or |
offenses in another
state, including the authorization |
contained in Section 6-203.1, which
if committed within |
this State would be grounds for suspension or revocation;
|
7. Has refused or failed to submit to an examination |
provided for by
Section 6-207 or has failed to pass the |
examination;
|
|
8. Is ineligible for a driver's license or permit under |
the provisions
of Section 6-103;
|
9. Has made a false statement or knowingly concealed a |
material fact
or has used false information or |
identification in any application for a
license, |
identification card, or permit;
|
10. Has possessed, displayed, or attempted to |
fraudulently use any
license, identification card, or |
permit not issued to the person;
|
11. Has operated a motor vehicle upon a highway of this |
State when
the person's driving privilege or privilege to |
obtain a driver's license
or permit was revoked or |
suspended unless the operation was authorized by
a |
monitoring device driving permit, judicial driving permit |
issued prior to January 1, 2009
the effective date of this |
amendatory Act of the 95th General Assembly, probationary |
license to drive, or a restricted
driving permit issued |
under this Code;
|
12. Has submitted to any portion of the application |
process for
another person or has obtained the services of |
another person to submit to
any portion of the application |
process for the purpose of obtaining a
license, |
identification card, or permit for some other person;
|
13. Has operated a motor vehicle upon a highway of this |
State when
the person's driver's license or permit was |
invalid under the provisions of
Sections 6-107.1 and
6-110;
|
|
14. Has committed a violation of Section 6-301, |
6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B |
of the Illinois Identification Card
Act;
|
15. Has been convicted of violating Section 21-2 of the |
Criminal Code
of 1961 relating to criminal trespass to |
vehicles in which case, the suspension
shall be for one |
year;
|
16. Has been convicted of violating Section 11-204 of |
this Code relating
to fleeing from a peace officer;
|
17. Has refused to submit to a test, or tests, as |
required under Section
11-501.1 of this Code and the person |
has not sought a hearing as
provided for in Section |
11-501.1;
|
18. Has, since issuance of a driver's license or |
permit, been adjudged
to be afflicted with or suffering |
from any mental disability or disease;
|
19. Has committed a violation of paragraph (a) or (b) |
of Section 6-101
relating to driving without a driver's |
license;
|
20. Has been convicted of violating Section 6-104 |
relating to
classification of driver's license;
|
21. Has been convicted of violating Section 11-402 of
|
this Code relating to leaving the scene of an accident |
resulting in damage
to a vehicle in excess of $1,000, in |
which case the suspension shall be
for one year;
|
22. Has used a motor vehicle in violating paragraph |
|
(3), (4), (7), or
(9) of subsection (a) of Section 24-1 of |
the Criminal Code of 1961 relating
to unlawful use of |
weapons, in which case the suspension shall be for one
|
year;
|
23. Has, as a driver, been convicted of committing a |
violation of
paragraph (a) of Section 11-502 of this Code |
for a second or subsequent
time within one year of a |
similar violation;
|
24. Has been convicted by a court-martial or punished |
by non-judicial
punishment by military authorities of the |
United States at a military
installation in Illinois of or |
for a traffic related offense that is the
same as or |
similar to an offense specified under Section 6-205 or |
6-206 of
this Code;
|
25. Has permitted any form of identification to be used |
by another in
the application process in order to obtain or |
attempt to obtain a license,
identification card, or |
permit;
|
26. Has altered or attempted to alter a license or has |
possessed an
altered license, identification card, or |
permit;
|
27. Has violated Section 6-16 of the Liquor Control Act |
of 1934;
|
28. Has been convicted of the illegal possession, while |
operating or
in actual physical control, as a driver, of a |
motor vehicle, of any
controlled substance prohibited |
|
under the Illinois Controlled Substances
Act, any cannabis |
prohibited under the Cannabis Control
Act, or any |
methamphetamine prohibited under the Methamphetamine |
Control and Community Protection Act, in which case the |
person's driving privileges shall be suspended for
one |
year, and any driver who is convicted of a second or |
subsequent
offense, within 5 years of a previous |
conviction, for the illegal
possession, while operating or |
in actual physical control, as a driver, of
a motor |
vehicle, of any controlled substance prohibited under the |
Illinois Controlled Substances Act, any cannabis
|
prohibited under the Cannabis Control Act, or any |
methamphetamine prohibited under the Methamphetamine |
Control and Community Protection Act shall be suspended for |
5 years.
Any defendant found guilty of this offense while |
operating a motor vehicle,
shall have an entry made in the |
court record by the presiding judge that
this offense did |
occur while the defendant was operating a motor vehicle
and |
order the clerk of the court to report the violation to the |
Secretary
of State;
|
29. Has been convicted of the following offenses that |
were committed
while the person was operating or in actual |
physical control, as a driver,
of a motor vehicle: criminal |
sexual assault,
predatory criminal sexual assault of a |
child,
aggravated criminal sexual
assault, criminal sexual |
abuse, aggravated criminal sexual abuse, juvenile
pimping, |
|
soliciting for a juvenile prostitute and the manufacture, |
sale or
delivery of controlled substances or instruments |
used for illegal drug use
or abuse in which case the |
driver's driving privileges shall be suspended
for one |
year;
|
30. Has been convicted a second or subsequent time for |
any
combination of the offenses named in paragraph 29 of |
this subsection,
in which case the person's driving |
privileges shall be suspended for 5
years;
|
31. Has refused to submit to a test as
required by |
Section 11-501.6 or has submitted to a test resulting in
an |
alcohol concentration of 0.08 or more or any amount of a |
drug, substance, or
compound resulting from the unlawful |
use or consumption of cannabis as listed
in the Cannabis |
Control Act, a controlled substance as listed in the |
Illinois
Controlled Substances Act, an intoxicating |
compound as listed in the Use of
Intoxicating Compounds |
Act, or methamphetamine as listed in the Methamphetamine |
Control and Community Protection Act, in which case the |
penalty shall be
as prescribed in Section 6-208.1;
|
32. Has been convicted of Section 24-1.2 of the |
Criminal Code of
1961 relating to the aggravated discharge |
of a firearm if the offender was
located in a motor vehicle |
at the time the firearm was discharged, in which
case the |
suspension shall be for 3 years;
|
33. Has as a driver, who was less than 21 years of age |
|
on the date of
the offense, been convicted a first time of |
a violation of paragraph (a) of
Section 11-502 of this Code |
or a similar provision of a local ordinance;
|
34. Has committed a violation of Section 11-1301.5 of |
this Code;
|
35. Has committed a violation of Section 11-1301.6 of |
this Code;
|
36. Is under the age of 21 years at the time of arrest |
and has been
convicted of not less than 2 offenses against |
traffic regulations governing
the movement of vehicles |
committed within any 24 month period. No revocation
or |
suspension shall be entered more than 6 months after the |
date of last
conviction;
|
37. Has committed a violation of subsection (c) of |
Section 11-907 of this
Code that resulted in damage to the |
property of another or the death or injury of another;
|
38. Has been convicted of a violation of Section 6-20 |
of the Liquor
Control Act of 1934 or a similar provision of |
a local ordinance;
|
39. Has committed a second or subsequent violation of |
Section
11-1201 of this Code;
|
40. Has committed a violation of subsection (a-1) of |
Section 11-908 of
this Code; |
41. Has committed a second or subsequent violation of |
Section 11-605.1 of this Code within 2 years of the date of |
the previous violation, in which case the suspension shall |
|
be for 90 days; |
42. Has committed a violation of subsection (a-1) of |
Section 11-1301.3 of this Code; or
|
43. Has received a disposition of court supervision for |
a violation of subsection (a), (d), or (e) of Section 6-20 |
of the Liquor
Control Act of 1934 or a similar provision of |
a local ordinance, in which case the suspension shall be |
for a period of 3 months; .
|
44.
43. Is under the age of 21 years at the time of |
arrest and has been convicted of an offense against traffic |
regulations governing the movement of vehicles after |
having previously had his or her driving privileges
been |
suspended or revoked pursuant to subparagraph 36 of this |
Section; or . |
45.
43. Has, in connection with or during the course of |
a formal hearing conducted under Section 2-118 of this |
Code: (i) committed perjury; (ii) submitted fraudulent or |
falsified documents; (iii) submitted documents that have |
been materially altered; or (iv), submitted, as his or her |
own, documents that were in fact prepared or composed for |
another person.
|
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, |
and 27 of this
subsection, license means any driver's license, |
any traffic ticket issued when
the person's driver's license is |
deposited in lieu of bail, a suspension
notice issued by the |
Secretary of State, a duplicate or corrected driver's
license, |
|
a probationary driver's license or a temporary driver's |
license.
|
(b) If any conviction forming the basis of a suspension or
|
revocation authorized under this Section is appealed, the
|
Secretary of State may rescind or withhold the entry of the |
order of suspension
or revocation, as the case may be, provided |
that a certified copy of a stay
order of a court is filed with |
the Secretary of State. If the conviction is
affirmed on |
appeal, the date of the conviction shall relate back to the |
time
the original judgment of conviction was entered and the 6 |
month limitation
prescribed shall not apply.
|
(c) 1. Upon suspending or revoking the driver's license or |
permit of
any person as authorized in this Section, the |
Secretary of State shall
immediately notify the person in |
writing of the revocation or suspension.
The notice to be |
deposited in the United States mail, postage prepaid,
to the |
last known address of the person.
|
2. If the Secretary of State suspends the driver's |
license
of a person under subsection 2 of paragraph (a) of |
this Section, a
person's privilege to operate a vehicle as |
an occupation shall not be
suspended, provided an affidavit |
is properly completed, the appropriate fee
received, and a |
permit issued prior to the effective date of the
|
suspension, unless 5 offenses were committed, at least 2 of |
which occurred
while operating a commercial vehicle in |
connection with the driver's
regular occupation. All other |
|
driving privileges shall be suspended by the
Secretary of |
State. Any driver prior to operating a vehicle for
|
occupational purposes only must submit the affidavit on |
forms to be
provided by the Secretary of State setting |
forth the facts of the person's
occupation. The affidavit |
shall also state the number of offenses
committed while |
operating a vehicle in connection with the driver's regular
|
occupation. The affidavit shall be accompanied by the |
driver's license.
Upon receipt of a properly completed |
affidavit, the Secretary of State
shall issue the driver a |
permit to operate a vehicle in connection with the
driver's |
regular occupation only. Unless the permit is issued by the
|
Secretary of State prior to the date of suspension, the |
privilege to drive
any motor vehicle shall be suspended as |
set forth in the notice that was
mailed under this Section. |
If an affidavit is received subsequent to the
effective |
date of this suspension, a permit may be issued for the |
remainder
of the suspension period.
|
The provisions of this subparagraph shall not apply to |
any driver
required to possess a CDL for the purpose of |
operating a commercial motor vehicle.
|
Any person who falsely states any fact in the affidavit |
required
herein shall be guilty of perjury under Section |
6-302 and upon conviction
thereof shall have all driving |
privileges revoked without further rights.
|
3. At the conclusion of a hearing under Section 2-118 |
|
of this Code,
the Secretary of State shall either rescind |
or continue an order of
revocation or shall substitute an |
order of suspension; or, good
cause appearing therefor, |
rescind, continue, change, or extend the
order of |
suspension. If the Secretary of State does not rescind the |
order,
the Secretary may upon application,
to relieve undue |
hardship (as defined by the rules of the Secretary of |
State), issue
a restricted driving permit granting the |
privilege of driving a motor
vehicle between the |
petitioner's residence and petitioner's place of
|
employment or within the scope of the petitioner's |
employment related duties, or to
allow transportation for |
the petitioner, or a household member of the
petitioner's |
family, to receive necessary medical care, provide |
transportation to and from alcohol or drug
remedial or |
rehabilitative activity recommended by a licensed service |
provider, or for the petitioner to attend
classes, as a |
student, in an accredited educational institution. The
|
petitioner must demonstrate that no alternative means of
|
transportation is reasonably available and that the |
petitioner will not endanger
the public safety or welfare. |
Those multiple offenders identified in subdivision (b)4 of |
Section 6-208 of this Code, however, shall not be eligible |
for the issuance of a restricted driving permit.
|
(A) If a person's license or permit is revoked or |
suspended due to 2
or more convictions of violating |
|
Section 11-501 of this Code or a similar
provision of a |
local ordinance or a similar out-of-state offense, or |
Section 9-3 of the Criminal Code of 1961, where the use |
of alcohol or other drugs is recited as an element of |
the offense, or a similar out-of-state offense, or a |
combination of these offenses, arising out
of separate |
occurrences, that person, if issued a restricted |
driving permit,
may not operate a vehicle unless it has |
been equipped with an ignition
interlock device as |
defined in Section 1-129.1.
|
(B) If a person's license or permit is revoked or |
suspended 2 or more
times within a 10 year period due |
to any combination of: |
(i) a single conviction of violating Section
|
11-501 of this Code or a similar provision of a |
local ordinance or a similar
out-of-state offense |
or Section 9-3 of the Criminal Code of 1961, where |
the use of alcohol or other drugs is recited as an |
element of the offense, or a similar out-of-state |
offense; or |
(ii) a statutory summary suspension under |
Section
11-501.1; or |
(iii) a suspension under Section 6-203.1; , |
arising out of
separate occurrences; , that person, if |
issued a restricted driving permit, may
not operate a |
vehicle unless it has been
equipped with an ignition |
|
interlock device as defined in Section 1-129.1. |
(C)
The person must pay to the Secretary of State |
DUI Administration Fund an amount
not to exceed $20 per |
month. The Secretary shall establish by rule the amount
|
and the procedures, terms, and conditions relating to |
these fees. |
(D) If the
restricted driving permit is issued for |
employment purposes, then the prohibition against |
operating a motor vehicle that is not equipped with an |
ignition interlock device does not apply to the |
operation of an occupational vehicle owned or
leased by |
that person's employer when used solely for employment |
purposes. |
(E) In each case the Secretary may issue a
|
restricted driving permit for a period deemed |
appropriate, except that all
permits shall expire |
within one year from the date of issuance. The |
Secretary
may not, however, issue a restricted driving |
permit to any person whose current
revocation is the |
result of a second or subsequent conviction for a |
violation
of Section 11-501 of this Code or a similar |
provision of a local ordinance
or any similar |
out-of-state offense, or Section 9-3 of the Criminal |
Code of 1961, where the use of alcohol or other drugs |
is recited as an element of the offense, or any similar |
out-of-state offense, or any combination
of those |
|
offenses, until the expiration of at least one year |
from the date of
the revocation. A
restricted driving |
permit issued under this Section shall be subject to
|
cancellation, revocation, and suspension by the |
Secretary of State in like
manner and for like cause as |
a driver's license issued under this Code may be
|
cancelled, revoked, or suspended; except that a |
conviction upon one or more
offenses against laws or |
ordinances regulating the movement of traffic
shall be |
deemed sufficient cause for the revocation, |
suspension, or
cancellation of a restricted driving |
permit. The Secretary of State may, as
a condition to |
the issuance of a restricted driving permit, require |
the
applicant to participate in a designated driver |
remedial or rehabilitative
program. The Secretary of |
State is authorized to cancel a restricted
driving |
permit if the permit holder does not successfully |
complete the program.
|
(c-3) In the case of a suspension under paragraph 43 of |
subsection (a), reports received by the Secretary of State |
under this Section shall, except during the actual time the |
suspension is in effect, be privileged information and for use |
only by the courts, police officers, prosecuting authorities, |
the driver licensing administrator of any other state, or the |
Secretary of State. However, beginning January 1, 2008, if the |
person is a CDL holder, the suspension shall also be made |
|
available to the driver licensing administrator of any other |
state, the U.S. Department of Transportation, and the affected |
driver or motor
carrier or prospective motor carrier upon |
request.
|
(c-4) In the case of a suspension under paragraph 43 of |
subsection (a), the Secretary of State shall notify the person |
by mail that his or her driving privileges and driver's license |
will be suspended one month after the date of the mailing of |
the notice.
|
(c-5) The Secretary of State may, as a condition of the |
reissuance of a
driver's license or permit to an applicant |
whose driver's license or permit has
been suspended before he |
or she reached the age of 18 years pursuant to any of
the |
provisions of this Section, require the applicant to |
participate in a
driver remedial education course and be |
retested under Section 6-109 of this
Code.
|
(d) This Section is subject to the provisions of the |
Drivers License
Compact.
|
(e) The Secretary of State shall not issue a restricted |
driving permit to
a person under the age of 16 years whose |
driving privileges have been suspended
or revoked under any |
provisions of this Code.
|
(f) In accordance with 49 C.F.R. 384, the Secretary of |
State may not issue a restricted driving permit for the |
operation of a commercial motor vehicle to a person holding a |
CDL whose driving privileges have been suspended, revoked, |