Many clients who call me on the phone ask if we have a high success rate at getting people back their license on the first try. The answer is, I personally believe that we are unmatched by other attorneys at our success rate in the first round of the hearings. By that I mean that we obtain a restricted drivers permit or full reinstatement for our clients at our first hearing with that client.
Does this mean that we have a 100% success rate? Absolutely not. In fact, I just received a denial order for a client that I took to a hearing back in April. I hate to lose. What I can say to my clients who get denied on their first try, which has only happened four times in the past eight years, is that we typically only have a very few minor points to correct at our second hearing. Typically, my clients understand what went wrong and we also meet several times on how to correct the problem at the next hearing. I have not had a single client in the past eight years who has not obtained a restricted driving permit or full reinstatement at their second hearing with us. I would put our success rate at the first hearing with our clients anywhere between 95 and 98%.
- Posted by License Reinstatement Lawyer, John W. Callahan
As a lawyer who handles license reinstatement matters in the State of Illinois, I am often asked the question as to what happens if a client applies for an out-of-state hearing packet but never completes it enough so that the Secretary of State accepts the application and begins the out-of-state hearing. Title 92 of the Illinois administrative code gives us the answer taken straight from the code…
TITLE 92: TRANSPORTATION
CHAPTER II: SECRETARY OF STATE
PART 1001 PROCEDURES AND STANDARDS
SECTION 1001.100 CONDUCT OF FORMAL HEARINGS
A petition for an out-of-state formal hearing is regarded as being filed when the Department accepts, as fully completed, the documentation required by subsection (a)(3). The Department will inform the petitioner of this fact by a dated letter posted in the regular mail. Pursuant to Section 2-118 of the Code, the petitioner’s file will be assigned to a hearing officer within 90 calendar days from the date of filing. A final Order will be entered no more than 90 days after it is assigned to a hearing officer.
What this means is that if a client mails the documents to the Secretary of State yet the department does not except them as fully completed, then the application is not deemed to have been filed. As an attorney who handles these types of cases every day, I would not recommend any member of my family or any loved one to go through the process of the out-of-state hearing. There seems to be a running joke that almost every application applied for through the out-of-state process is denied. In my experience, I have an incredibly high success rate at in person formal and informal hearings. I stopped performing out-of-state hearings or aiding clients with them almost 9 years ago due to the vast discrepancy in success rates between the out-of-state process and the in person hearings.
If you have a minute, take a look at some of our most successful cases in helping people get their license back or reinstate your license in the state of Illinois. You’ll find that none of these are truly out-of-state hearing packets that people just mail it. Rather, they are all from in person hearings.
- Posted by License Revoked Lawyer, John W. Callahan
As a drivers license attorney in the state of Illinois, I have often been asked by my clients and others how often do clients have a BAIID violation while driving on a restricted driving permit from the Secretary of State? I would say that many of my clients and many other people have contacted me who have had some form of violation during the restricted driving permit or at least a warning sign pop-up from the device itself. I have seen violations that occurred when a person ate dinner at the California Pizza Kitchen and then left and blew into the device and it registered greater than a .08.
As an attorney, I have also seen situations where a female sprayed perfume in her car because the device to register a warning as well. In addition, mouthwash, lighter fluid, and cigarettes have also been known to give a high reading which would cause the BAIID device to warn or lockout.
Should you be driving on a restricted driving permit and have the BAIID device have a problem you should contact your attorney prior to writing the letter of explanation to the Secretary of State. What I have found is that most reasonable explanations are accepted by the BAIID the program monitors. Once the monitors find your reasoning acceptable it will not even be a remote issue at the full reinstatement hearing with the Secretary of State.
Should you have any questions about license reinstatement you can always feel free to give me a call.
- Posted by DUI License Lawyer, John W. Callahan
There are several risk level classifications of DUI based evaluations in Illinois. When a person is sentenced to a DUI in the State of Illinois, the judge in court will order the defendant to obtain one of five risk classifications which are as follows…
Level one – minimal risk
Level two – moderate risk
Level two – significant risk
Level three – non-dependent
Level three – dependent
In order to have a license reinstatement hearing in Illinois a petitioner can be any one of the above risk classifications with one DUI, except level three non-dependent. Why? In order to be a level three non-dependent risk classification the petitioner must have three separate DUI charges on his driving record. If you want to get your license back in Illinois and you have been classified as a level 3 non-dependent by your evaluator, you better have three DUI arrests in your past or you won’t be able to get in the door to a hearing with the Secretary of State.
- Posted by DUI Lawyer, John W. Callahan
I am asked the question all the time, “How much does it cost to reinstate my license in Illinois?”
In my experience, there are several costs and I will post about them over the next few weeks as I begin to write my book on the subject.
Filing Fees – $50.00 if the client is formal hearing eligible. No charge at all for an informal hearing.
See you soon with the cost of treatment…
- Posted by License Reinstatement Lawyer, John W. Callahan