As an Illinois license reinstatement lawyer for the past 18 years, I have represented more than 500 clients at hearings with the Illinois Secretary of State. I wanted to update people on the new law change that you might have heard about this year that affects anyone seeking license reinstatement or clearance in Illinois after being convicted of a DUI.
The new law abolishes hard time as of January 1st, 2016. This means that if you have more than one DUI disposition on your record, that you will now be eligible for a restricted driving permit immediately after your conviction on the DUI. Last year you would have had to wait at least one full year before being allowed to have a formal hearing with the Secretary of State – even if that hearing was only for a restricted driving permit. Since the law has changed, even if your full reinstatement date is several years away, you will be immediately eligible for a permit, thus eliminating the hard time requirement.
Next, if you are petitioning for a restricted driving permit BEFORE you are eligible for full reinstatement, you will be eligible for that hearing because the hard time requirement is gone, but you will still need to prove hardship to get up and driving. What is hardship? Hardship is anything that prevents you from being able to attend AA meetings or miss work. You need to prove that you have suffered an undue hardship in order to be granted a permit. Merely taking an extra 20 minutes to get to work is not undue hardship. Losing your job or being threatened with losing your job may be enough.
If you are looking to have a formal hearing with the Illinois Secretary of State and need a successful result, feel free to call if you have any questions at all. License reinstatement lawyer John Callahan will guide you through the process and make you comfortable in preparing the hearing so that you have an outstanding result. Don't be afraid to call – Once you get started, you will be fine.
Posted by license reinstatement lawyer John W CAllahan
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