Q: I was ticketed in Indiana for passing a school bus, and now IL wants my license for 3 months...
I consulted a lawyer in Boone County where it happened, and he told me that it was a basic traffic ticket with a light fine and no suspension and recommended I pay it and avoid the court date. I did so, but recently I received a suspension notice that starts August 17th. I attempted to have an informal hearing today to see about a restricted driving permit for work, but they say it'll be up to 90 days before I get a decision (I'll be 2 months into my suspension by then); they recommended I try to schedule a formal hearing to possibly have the suspension lifted, but I'm uncertain about how successful that will be. My violation happened on a 4-lane road, which is a violation in Indiana but not in IL; would that circumstance possibly help my cause?
A: You would need an attorney in Indiana to reopen the case and have it dismissed or amended to a different violation. If you're successful, once this is reported back to Illinois, the suspension would be removed. Look for a local attorney in that county to assist you.
Juan Ooink agrees with this answer
A: A formal hearing would take just as long or in fact longer because you couldn't get it set until October. I assume they suspended you under 6-206 (a)(6) because you committed an offense in another state that, if committed in Illinois, would cause a suspension. However if it's a four lane road it would not be illegal. Sometimes these can be resolved informally without a hearing of any sort but the problem is, the people who would fix it would need proof from a police report or other neutral party that it was a four lane road and fell within the exception.
Otherwise, go back to Indiana and get the ticket changed and the sos will drop the suspension.
Juan Ooink agrees with this answer
A: You need to hire an attorney in Indian and tell them what is going on with your license in Illinois. That attorney will have to motion your ticket up on Indian and deal with it in Indian. This is likely the quickest and easiest way to deal with this matter.
A: A Formal Hearing will also take too long to get the results . You need to hire an attorney in Indiana ASAP to petition the court to reopen the case. Hopefully, once the prosecutor learns of the severe consequences he will be willing to change/amended to another violation that does not cause in Illinois suspension. If that happens it will be reported to Illinois and the suspension will be removed.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.