Certain vehicle-related offenses can result in the suspension of driving privileges by the Department of Motor Vehicles (DMV), in addition to fines and other penalties imposed by a court. Examples of such offenses include driving under the influence, reckless driving and failure to carry automobile liability insurance. If your license is suspended, you can petition to have it reinstated by way of an administrative hearing.

While less rigorous than court proceedings, administrative hearings have similar aspects. Testimony is given under oath and the driver seeking license reinstatement has the right to counsel. In Illinois, there are two types of driving privilege reinstatement hearings: formal and informal. The type of hearing depends upon the severity of the charges that led to the suspension.

A formal hearing is mandatory in cases where there is a fatality or when the driver has repeated instances of driving under the influence (DUI). These hearings are scheduled after written application and payment of the statutory filing fee. Hearings can entail witness testimony and presentation of documentary evidence (such as police reports, medical reports, driving records, etc.) and other information that the DMV hearing officer finds relevant. The officer makes rulings on motions, evidence and ultimately renders a decision.

Informal hearings may be held when the underlying charges are less serious (no fatalities, no repeated DUIs). They are conducted on a walk-in, first-come-first-served basis during the DMV’s regular operating hours. Witness testimony and documentary evidence is received and considered and the hearing officer makes all necessary rulings and eventually makes a decision.

In either type of case, the hearing officer can grant or deny reinstatement of the operator’s driving privileges. In some instances, the officer can issue a restricted driving permit (RDP), such as when a driver has repeated DUIs or license suspensions. An RDP allows the individual to drive subject to conditions that vary depending on the case. To obtain an RDP, the driver must show that the inability to drive is a significant hardship and that he or she is not a threat to public safety. This can include evidence of participation in drug/alcohol addiction treatment programs or intensive driver education programs.

In both formal and informal license reinstatement hearings, the officer’s decision is put in writing and mailed to the petitioner. The driver has the right to appeal an adverse ruling.

The Skinner Law Firm, P.C. in Bridgeview, Illinois represents drivers throughout the greater Chicago metropolitan area. If your driving license has been suspended or you are facing other motor vehicle related charges, feel free to contact us online or call 312-635-6459 for a free initial consultation.