Traffic Ticket Laws for People Under 21 in Illinois

Drivers under 21 years old will have their driver’s license suspended by the Illinois Secretary of State if they receive two traffic ticket convictions within a period of two years (24 months). Illinois law holds drivers younger than 21 years old to a higher standard than other drivers.

Primarily, convictions for moving violations under the Illinois Vehicle Code count toward a license suspension. The offense does not need to occur within the State of Illinois. Out-of-state traffic tickets received by the driver may also be reported back to Illinois and used by the Secretary of State to impose a license suspension.

It is important to note that the Illinois Secretary of State uses the date the traffic ticket was issued, not the date that the conviction was entered to determine if the offenses occurred within the 24-month time period.

POINT SYSTEM

Every moving violation is assigned a specific number of points. For example:

· Speeding:

1-10 MPH above limit – 5 points
11-14 MPH above limit – 15 points
15-25 MPH above limit – 20 points
25 MPH or more above limit – 50 points

· Failure to reduce speed to avoid an accident – 10 points

· Disregarding an official traffic control device – 20 points

· Disobeying a stop sign – 20 points

· Speeding in a school zone – 20 points

· Speeding in a construction zone – 20 points

· Improper passing – 20 points

· Improper lane usage – 20 points

· Using an electronic communications device (2nd violation) – 20 points

· Illegal transportation of alcohol – 25 points

· Following too closely – 25 points

· Passing school bus while loading/unloading – 25 points

· Reckless driving – 55 points

Points are used as follows to determine the length of the driver’s license suspension or possible revocation for those under 21 years old.

If the driver has no prior suspensions, points will be used as follows:

· 0 to 9 points ― no action

· 10 to 34 points ― 1-month suspension

· 35 to 49 points ― 3-month suspension

· 50 to 64 points ― 6-month suspension

· 65 to 79 points ― 12-month suspension

· 79 or more points ― Revocation

*Example: If an Illinois driver under the age of 21 receives a ticket for speeding 15-25 MPH above the limit (20 points) and a second ticket within two years for Following too Closely (25 points), their driver’s license will be suspended for three months (45 points).

If the driver has had a prior suspension within seven years, points will be used as follows :

· 0 to 9 points ― no action

· 10 to 34 points ― 2-month suspension

· 35 to 49 points ― 6-month suspension

· 50 to 70 points ― 12-month suspension

· 79 or more points ― Revocation

If the driver has had two or more prior suspensions within seven years, points will be used as follows :

· 0 to 9 points ― no action

· 10 to 79 points ― 12-month suspension

· 79 or more points ― Revocation

If the driver has a suspension for safety responsibility, financial responsibility, family financial responsibility or an unsatisfied judgment at the time of at least one of the new offenses causing the suspension, points will be used as follows:

· 0 to 9 points ― no action

· 10 to 79 points ― 12-month suspension

· 79 or more points ― Revocation

AVOIDING A SUSPENSION

The best way to avoid a license suspension is to avoid a conviction in the first place. Many drivers believe that simply paying a traffic ticket is the simplest option or the most responsible thing to do. In reality, paying a ticket is the easiest way to end up with a conviction, and thus, a potential suspension on your driving record.

There are often alternatives to a conviction, although this may require appearing in court. For example, if a driver receives court supervision, the offense will not be entered as a conviction so long as the driver complies with the terms of the supervision (i.e. no additional tickets during the supervision period, payment of fines and/or traffic safety school).

REMOVING A SUSPENSION

If you receive a ‘Notice of Suspension’ from the Illinois Secretary of State, there may be options. Often, our attorneys are able to assist in removing the suspension. Under certain circumstances, we can appear in court and re-open a closed case in order to remove a conviction causing the suspension. If successful, the suspension will be rescinded after filing the appropriate paperwork with the Secretary of State.

You may also be eligible for a restricted driving permit (for work and school), which requires a hearing before the Illinois Secretary of State. Permits are not automatic and applicants are often denied based on a variety of factors. Even if successful, it often takes a 10-12 weeks just to receive the decision.

CONTACT US

The Illinois traffic attorneys at The Davis Law Group, P.C. represent clients under the age of 21 charged with traffic violations throughout the Chicagoland area including Cook County, Lake County and DuPage County. If you have received a traffic ticket or if you are facing a license suspension, contact our traffic lawyers to discuss your case and the most appropriate strategy.