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IMPORTANT LEGAL ISSUES FOR DRIVERS UNDER AGE 21 PDF Print E-mail

Generally 

      Two traffic “convictions” within any two year period results in a 3 month license suspension. 625 Illinois Compiled Statutes (ILCS) 5/6-206 (a) 36. 

      Drivers under 21 who are convicted of a moving violation, after being suspended or revoked under (a) 36 may be again suspended or revoked. 625 ILCS 5/6206 (a) 43.

      Drivers age 16-17 who wish to reinstate a suspended license require a remedial drivers education course, retesting, and payment of a reinstatement fee. 625 ILCS 6/6-206 c-5.

      Completing “supervision” satisfactorily does not constitute a “conviction”. However, drivers under 21 who receive Court Supervision for moving violations are required to attend driver’s safety program. 730 ILCS 5/5-6-1 (h-1).

      Court Supervision for “serious traffic violations” shall be forwarded to the Secretary of State for review. 625 ILCS 5/6-204 (a)(4). (“serious traffic violations” include, but are not limited to; failing to stop and exchange information after an accident, failure to stop, exchange information or give aid after a vehicle collision involving personal injury or death, illegal transportation of alcohol, operating a vehicle without a valid license or permit, speeding 30 m.p.h. or more, reckless driving, passing in a no passing zone, failure to yield right of way to a pedestrian, failure to obey railroad signals, etc.).

      Parents have access to the driving record of their son or daughter. 625 ILCS 5/2-123 g.

      Minors charged with certain offenses must have their parent or guardian present in court 625 ILCS 5/16-107 & 730 ILCS 5/5-6-1 (m). (e.g. Automobile registration offenses, unauthorized tampering, entry or driving a motor vehicle, driving without a valid license, etc.)

      Use of a cell phone while driving by anyone under 19 years of age is unlawful.  625 ILCS 5/12-610.1.

      It is an offense for a person age 15 to 19 to be a passenger in a vehicle driven by one with a graduated driver’s license (drivers under 21) during the first 12 months (or until age 18) if another passenger under the age of 20 is present (there is a “family exception”). 625 ILCS 5/6-107 (h).

DUI, Zero Tolerance, and Alcohol Violations

      Drivers under 21 who take a breathalyzer resulting in .00 (any amount of alcohol) will be suspended for 3 months. 625 ILCS 5/11-501.8.

      A DUI conviction results in a revocation of one’s driver’s license. A Restricted Driver’s Permit is not available for one year.  625 ILCS 5/6-205 (d).

      A second “open alcohol” violation results in a revocation if the first violation was a conviction. 625 ILCS 5/6-205 (a) (13).

      A first “open alcohol” conviction requires the offender to be suspended for 3 months. 625 ILCS 6-206 (a) (33).

Non-driving offenses affecting minor’s driver’s license

      A violation for underage alcohol consumption or possession (235 ILCS 5/6-16) will result in a suspension 625 ILCS 5/6-206 (a) (27). The local liquor commissioner reports both a conviction and supervision 235 ILCS 5/4-4.

      Either a conviction or a supervision for underage alcohol consumption (235 ILCS5/6-20) results in a suspension of driving privileges 625 ILCS 5/6-206 (a) 36 & 43.

      Possession of another person’s identification results in a 12 month suspension of one’s license. 625 ILCS 5/6-206 (a) 10. (one need not be charged with the offense!).

      Habitual truants under the age of 18 will have their license cancelled by the Secretary of State. 625 ILCS 5/6-108.

 
 
" Most people say that you get what you pay for, but I feel like I paid a little and got a lot. "
LN, accused of 2nd DUI
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