HELP!! I think my driver's license might be incorrectly suspended!@

[msberks]

What is the name of your state?
Illinois

I just got a notice in the mail from the Secretary of State in Illinois stating my driver's license was suspended for being CONVICTED of more than three offenses in a 12-month period. The dates of the offenses are barely within 12 months (the first being 3-24-05 and the fourth 3-22-06). But the first two conviction dates were 2005 and the last two were in 2007, which is more than 12 months apart and that's what the vehicle code states. I am planning to call and complain but I want to know if I can get rid of this suspension because of the wording and the fact that my convictions are two years apart.
I also think it's unfair because it has been 19 months since my last ticket and they could have suspended my license in 2006, instead my suspension is slated to begin 11-30-07. Is this worth fighting? Do I have a chance to get rid of it because that is what the wording says.
The tickets are speeding tickets for 10 mph over the limit, nothing super major like a DUI or anything. I don't have any accidents or other traffic convictions on my record besides speeding tickets either, if that helps in giving advice.
The main thing is that it code specifically states convictions, not offenses so my reasoning is that the date of an offense is different from a conviction date and on the letter it shows both the dates of the offenses and the dates of the convictions as well. I also did not send the money in late to avoid this suspension, I wasn't even aware of this law until I got this letter in the mail. It might also be helpful to note my license was suspended for all these tickets prior to this suspension, so it almost seems like double jeopardy and why wait so long to start a suspension? If the suspension goes through it wil be close to two years from the date of my last ticket to this one.

 

[Happy Trails]

What is the name of your state?
Illinois

I just got a notice in the mail from the Secretary of State in Illinois stating my driver's license was suspended for being CONVICTED of more than three offenses in a 12-month period. The dates of the offenses are barely within 12 months (the first being 3-24-05 and the fourth 3-22-06). But the first two conviction dates were 2005 and the last two were in 2007, which is more than 12 months apart and that's what the vehicle code states. I am planning to call and complain but I want to know if I can get rid of this suspension because of the wording and the fact that my convictions are two years apart.
I also think it's unfair because it has been 19 months since my last ticket and they could have suspended my license in 2006, instead my suspension is slated to begin 11-30-07. Is this worth fighting? Do I have a chance to get rid of it because that is what the wording says.
The tickets are speeding tickets for 10 mph over the limit, nothing super major like a DUI or anything. I don't have any accidents or other traffic convictions on my record besides speeding tickets either, if that helps in giving advice.
The main thing is that it code specifically states convictions, not offenses so my reasoning is that the date of an offense is different from a conviction date and on the letter it shows both the dates of the offenses and the dates of the convictions as well. I also did not send the money in late to avoid this suspension, I wasn't even aware of this law until I got this letter in the mail. It might also be helpful to note my license was suspended for all these tickets prior to this suspension, so it almost seems like double jeopardy and why wait so long to start a suspension? If the suspension goes through it wil be close to two years from the date of my last ticket to this one.

Go back and look at your dates that you typed. Did you mean 2007 for the fourth violation?

Also, how old are you?

This site may give you some information that may be helpful:

http://www.xcopper.com/Traffic_Offences/Driving_Demerit_Points_Illinois.aspx

 

[msberks]

Thanks for replying.

The dates of the CONVICTIONS are: 5-17-05, 07-15-05, 06-25-07, 06-25-07 and it's printed on the letter they sent. I was on a road trip and got speeding tickets coming and going so that's why the conviction dates are the same. So see what I'm saying there is more than a 12 month span between the conviction dates, there's more like a 24 month span and it clearly says twelve month period.

I am 23 years old. I know Illinois has different laws for people under 21 years of age.

I hope I cleared up everything. I plan on contacting the Secretary of State office on Tuesday since tomorrow is a holiday. But I want to know if it's even worth fighting this suspension or if I should just pay for the reinstatement fee and for a probationary license for now. I just want to be as prepared as possible and I can't find any info on this type of problem online anywhere. I read the code on suspensions and it mainly deals with criminals and DUI suspensions and there is nothing there to help me since my suspension has nothing to do with major violations like that.

 

[Hey There]

10-8-07
Suspension (Rules of The Road--Jesse White, Sec. of State)
Chapter 6

Suspension is a temporary loss of driving privileges. When the suspension is for a specific length of time, you may regain your driving privileges after your suspension has ended and you have paid a reinstatement fee. In other cases, your driver’s license will not be returned until you meet a requirement of Illinois law

Your driver’s license will be suspended if you are convicted of three traffic violations committed within any 12-month period.
(info pertaining to under 21 and under 18 omitted here ********)
The length of the suspension varies according to the seriousness of the traffic offenses.

If your driver's license is suspended for conviction of three traffic violations within a 12-month period, you may be eligible for a probationary license. If you receive a suspension for conviction of two traffic violations in a 24-month period while under age 21, you may be eligible to receive a Restricted Driving Permit (RDP). The Secretary of State's office will notify you if you are eligible. This does not apply to commercial drivers.

If I understand your post right you haven't been convicted of three traffic violations in 12 months. Errors in records do occur.It may
take some patient persistence on your part to clear this matter up
or happily it may prove simple.

Do I have this right? 2 traffic convictions in 2005 and two in 2007 and the letter states your licence suspension starts in 11-07 because of 3 traffic convictions in a 12 month period?

What you posted:
The main thing is that it code specifically states convictions, not offenses so my reasoning is that the date of an offense is different from a conviction date and on the letter it shows both the dates of the offenses and the dates of the convictions as well.

Is it possible that they're including the dates you were ticketed
as an conviction? This certainly needs to be cleared up IF this is the crux of the problem.

Good Luck on this.

Regards, Hey There 10-7-07

 

[Orcons]

10-8-07

Your driver’s license will be suspended if you are convicted of three traffic violations committed within any 12-month period.

I am not in your state and I can not vouch for the info posted by Hey There, but it seems pretty clear from what he posted that the issue is whether the violations were committed within a 12 month period. It doesn't say the convictions have to be within a 12-month period just that the violations of which you are convicted have to be within 12 months. I think you admitted that the violations were within 12 months, even if just barely.