My son was convicted of a DUI in Wisconsin. He had served a one-year suspension in both Illinois and Wisconsin, when he was notified, because of clerical error, he needed to serve another years' suspension (suspensions that should have been served concurrently were not). He is nearing the end of his second year's suspension and was denied a hardship license because his father drives him to work daily (they work at the same place). He has taken all required alcohol related classes. He was told by a lawyer today that he cannot get his license reinstated until he has a hardship license for 9 months, (which he was denied). and pays additional fees. I know he made a mistake, but this is getting ridiculous...they have him jumping through hoops that don't even exist.
It sounds as though your son is under 21 and that he was originally suspended in Illinois based on an alleged test refusal. When he was convicted in Wisconsin, upon report to Illinois he was revoked. These do not run concurrently - they are separate actions based on the same offense.
Under Illinois law, there is a 1-year wait time before a person can apply and then, at that time can be issued a hardship license for the next year. After 2-years from the date of revocation - he can apply for reinstatement. If you are not getting answers or assistance from your attorney, seek other counsel with experience in representing persons for the Sec of State.
I recently had a client in a similar situation in which they overlooked the fact he got his out of state DUI when he was under 21. Should have been one year of hard time but he went to a hearing by himself, got denied and then they discovered the error. The SOS can make mistakes with you consequences. You and your son cannot. Get an experience driver's license lawyer. Not all DUI lawyers fit the bill.
Mr. Havatin gives you sound advise. Retain or at least speak with an experienced attorney.
Good luck to you
Your sons 1st error was not retaining BOTH a WI Atty AND an IL Atty to try to avoid the WI DUI conviction in the first place: 2nd error was that the WI suspension WILL RUN CONCURRENTLY IF your son was living in WI at the time and can prove that he did in fact lose his ability to drive while he resided in WI (IL would then grant credit for the suspension time served in WI); 3rd error was that you did not consult with a QUALIFIED drivers license reinstatement Atty in IL BEFORE attending a SOS hearing to seek a Restricted Drivers Permit (RDP). An RDP is issues when the driver can show that they have a GENUINE HARDSHIP getting to/from work. In this case your sons testimony was that DAD drove him daily and thus, NO HARDSHIP. STOP being penny wise and DOLLAR FOOLISH by continuing to represent yourself. You clearly do not possess the education, experience and ability to get things done correctly. YOU NEED A QUALIFIED DRIVERS LICENSE REINSTATEMENT ATTY to assist you so that this problem can be solved the right way, the FIRST TIME. Good Luck !
I recommend talking (in person) to a few attorneys who handle Secretary of State hearings. Most attorneys will meet with you for an initial consultation for no cost. As you have noticed, there are many hoops to jump through in order to get your license back after an out of state DUI conviction. Half of those hoops involve having all the required paperwork and knowing what is expected of you in the actual hearing. An experienced attorney will be able to walk you through this process so that you don't have to keep doing these hearings over and over.
As a former Attorney for the Illinois Secretary of State handling these matters I can tell you the rules have changed and your Son needs to contact a good lawyer experienced in this tiny field.
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