Written by attorney John P. Yetter

Illinois Financial Resposnsibility Driver's License Suspensions - Type 05

In Illinois, the Legislature has created dozens of different ways an individual can get their driver’s license suspended. These are set out in 625 ILCS 5/7-300 The purpose of this guide is to deal with one particular type of suspension with en explanation of how you get it, and, more importantly, how to get rid of it.

A financial responsibility suspension can be from several sources. If your Illinois driver’s abstract says your have been suspended for action code “05," the cause of your suspension is financial responsibility, and in many cases this arises one of two ways under 625 ILCS 5/7-301 and 625 ILCS 5/7-302.

By far the most common is that you were suspended for receiving a conviction for Operating an Uninsured Motor Vehicle. Please note supervision for that offence does not suspend you in this way.

This suspension can also be an extension of an “04" type suspension relating to an accident. The “05" occurs when you have been required to file SR-22 Insurance but have not, or you have let it lapse. It also occurs when you have had a revocation (for any reason) and have failed to follow the SR-22 requirements of your reinstatement.

Mostly these suspensions require filing SR22 type insurance for 36 consecutive months to completely discharge. During the three year period you are not suspended, as long as the paperwork clears every month. If you fail to do this in any month, the suspension is put back in place until you start filing again.

SR-22 is done electronically by most insurance companies but if yours does not you may deliver it in person to the Chicago Public Service Center.

Clearing an “05" does not currently require a reinstatement fee.

Please note a few things. One, the fees and reinstatements change all the time in Illinois (always going up). The other is that the situations here are usually fairly complicated and consulting with an attorney to really nail down that you are doing the easiest and most effective thing for you is the best way to go about it.

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