Ticket for driving suspended because...

milisien · #1 08-16-2005, 04:16 PM

What is the name of your state? Illinois

Ok I screwed up, I really flaked out this year. I didn't get my emissions test done and IL ended up sending me a notice telling me that my license was suspended for not following through. (I have no idea if I ever got such a letter, oh well) To make matters worse, my father who co-owns our car, did not get the sticker on our license plate renewed.
I ended up getting pulled over because of the outdated sticker. (Not speeding or anything) And the cop informed me about driving with a suspended license. They cuffed me, had my car towed, searched my car and arrested me.
I have no idea how bad this violation is...its not like I was suspended for a DUI or reckless driving? I don't have any prior tickets, arrests or violations. Can anyone tell me how serious this is? I am a poor college student and am afraid of the fines.

wirry1422 · #2 08-16-2005, 06:57 PM

They send a total of 4 letters to the registered owner of the vehicle to the address of the vehicle registration, informing the owner that their emissions test is due, is due now, is overdue, and is grossly overdue and the license of the registered owner and the vehicle license plates are to be suspended in thirty days from the date of the letter unless the emmissions test is taken. On the date of the driver's license suspension, a letter is automatically generated and mailed via certified mail to the address on the driver's license of the owner of the vehicle informing him/her that his/her Illinois driving privelages are now suspended and will remain so until certain terms are met (visiting the DMV for a permit, taking and passing an emmissions test, and paying a reinstatement fee of about $120) to have the driver's license reinstated and registration suspension removed. So actually a total of 5 letters are sent. You would not have been able to renew the vehicle sticker anyway because you would have been informed that the vehicles registration is currently suspended for an emmissions violation. The violation of driving on a suspended license is a class A misdemeanor in Illinois (the most serious misdemeanor) punishable by up to 364 days in county jail and a maximum fine of $2,500. However depending on your criminal and driving record (if it is mostly clean) emmissions suspension driving charges are generally reduced by the prosecutor to a serious moving violation (petty offense) equivelant to passing a loading school bus or failure to yield to an emergency vehicle. This means the charge will only go on your driving record and not your criminal record, and you will not face any jail time. The fine will likely be 350 to 500 dollars and an order of supervision will be entered contingent upon no further violations in a one to two year period and taking and passing the emmissions test immediatly, after the supervision period is successfully completed the charge will be expunged from your public driving record. All of these outcomes are only likely possibilities and your case may vary significantly depending on your individual circumstances and the prosecutor. You should consider hiring a lawyer specializing in traffic matters. It may cost you another $200, but you are facing a serious charge and it will be worth the money to have the charges reduced or even dismissed, which is much more likely with an attorney on your side. BTW, driving on a suspended license, for any reason, is a charge equivelant to a first time DUI charge (both are class A misdemeanors). Good luck.

milisien · #3 08-16-2005, 07:05 PM

I had a family member the very next day, get my emission's test and then we renewed the sticker on the license plate. I am technically compliant now and my license is not suspended according to a letter I received. Will this have any bearing in court? I live with 5 people who frequently lose my mail but certified mail? I never got anything like that.
Thank you for your reply and information btw, it is greatly appreciated.

wirry1422 · #4 08-17-2005, 04:56 PM

I would say based on your circumstances, that you have an excellent shot (even without a lawyer) of having the citation reduced to a simple moving violation or even dismissed altogether. Just dress nicely and don't be late for your court date. Good luck.

BelizeBreeze · #5 08-17-2005, 05:02 PM

This has nothing to do with getting the sticker.

Your license was suspended. You drove with a suspended license.

You knew (or legally were required to know) the process of inspection and the penalties.

Or did you forget to read the little test you took to get your license.

Get a parttime job. You'll be paying the fine.