Will I Need to Attend a Formal or Informal Hearing to Get My License Back?

 Posted on April 16, 2021 in License Reinstatement

Most people need to be able to drive as part of their daily activities. Getting to and from work, transporting children to school or other activities, or running errands will usually require the use of a car. This means that whenever a person loses their driver’s license, they will want to understand how they can get their driving privileges reinstated as quickly as possible. Depending on whether an Illinois resident’s license was suspended or revoked, they may need to attend a license reinstatement hearing, and the reason they lost their license will determine whether a formal or informal hearing will be required.

The Differences Between Informal and Formal License Reinstatement Hearings

DUI arrests and convictions are the most common reasons for driver’s license suspension or revocation, although a person may also lose their driving privileges if they receive three or more traffic violations within 12 months. Following a license suspension, a person can usually have their license reinstated by paying a reinstatement fee. However, following a license revocation, a person will need to apply for reinstatement, and they will be required to attend a license reinstatement hearing with the Illinois Secretary of State.

A driver will be able to have an informal hearing if their license was revoked due to a first-time DUI conviction, a criminal offense that did not involve a person’s death, or other traffic violations. These types of hearings are held at a number of Secretary of State Driver Services facilities throughout the state of Illinois, and they do not need to be scheduled in advance. In these hearings, a driver will answer questions asked by a hearing officer and show that they have met the requirements to have their license reinstated.

A formal hearing will be necessary if a driver has multiple DUI convictions or if they lost their license due to an offense involving someone’s death. A person will be required to submit a formal hearing request and schedule the hearing in advance at one of four Secretary of State facilities in Joliet, Chicago, Mt. Vernon, or Springfield. While a formal hearing is not the same as a trial, it has some similarities to courtroom proceedings, with the driver being placed under oath and answering questions asked by an attorney representing the Secretary of State and their own attorney. Since these cases often involve more serious DUI offenses, a driver will need to demonstrate that they have followed all requirements related to substance abuse treatment and that they are taking action to make sure they will be able to drive safely if they have their license reinstated.

Contact Our Kane County License Reinstatement Lawyer

When preparing for either a formal or informal Secretary of State hearing, you will want to work with an experienced lawyer to make sure you have met all of your requirements and will be able to answer questions correctly. At The Law Office of Brian J. Mirandola, we will help you prepare for a hearing and provide you with representation, ensuring that you will be able to regain your driving privileges. To learn more about how we can help, contact our Aurora license reinstatement hearing attorney at 847-488-0889 to arrange a free consultation.

Sources:

https://www.cyberdriveillinois.com/departments/administrative_hearings/hearings.html

https://www.cyberdriveillinois.com/publications/pdf_publications/dah_ih70.pdf