Illinois Traffic Law

• Illinois Driver’s License Reinstatement (Administrative Law)
• DUI Defense and Reckless Homicide
• General Traffic Law

Overview

Wirth Law provides comprehensive legal representation in all areas of Illinois traffic law. From DUI defense to license reinstatement hearings, our office is committed to helping clients protect their driving privileges and navigate the legal system with confidence.

With offices in Chicago and Naperville, we help revoked drivers in the Chicagoland area who need the help of an Illinois traffic law attorney, as well as clients throughout the State of Illinois who require a driver’s license reinstatement hearing with the Secretary of State. Our law practice also regularly represents out-of-state residents that need to clear an Illinois DUI hold on their driving privileges to obtain a license in their home state.

We understand that driving is essential for work, family, and daily life. An Illinois traffic law attorney can help in cases of driver’s license suspension or revocation, as well as defend a client who is facing a serious traffic violation, such as a DUI charge. Our practice focuses on practical legal solutions, personalized service, and achieving the best possible outcome for each client.

Clearing a Driver’s License after Multiple Traffic Offenses

A driver’s license attorney must understand general traffic law to determine the best course of action to clear up an Illinois driver’s license. Many of our clients have more than one reason for suspension or revocation. Some traffic issues may need to be cleared up through a hearing, where others may only require payment of a license reinstatement fee or a basic court appearance.

When a driver’s license is revoked for more than one reason, our office addresses all issues on a driving record during the hearing process. A driver’s license attorney must know general traffic law to accomplish this goal. Some revocations require a hearing, while other traffic holds may require vacating a ticket or simply paying a reinstatement fee.

Mandatory and Discretionary Revocation in Illinois

Under the Illinois Vehicle Code, there are two types of driver’s license revocations in Illinois: Mandatory and Discretionary revocations. The difference is summarized as follows:

Mandatory Revocation.

A mandatory revocation occurs when the Secretary of State is required by law to revoke a person’s driver’s license following a violation or conviction of a specific offense. The mandatory revocation offenses are specifically outlined in the law and leave no room for administrative discretion. For example, a conviction for driving under the influence (DUI), reckless homicide, or using a motor vehicle in the commission of a felony are all grounds for mandatory revocation.

Once the Secretary of State receives notice of disposition, the Secretary must enter a revocation. Once entered, a revocation is indefinite. A revoked driver must attend a hearing with the Secretary to request license reinstatement in the future.

Discretionary Revocation.

Discretionary revocations allow the Secretary of State to revoke a driver’s license based on broader concerns about public safety, even when no mandatory revocation offense has occurred. Under 625 ILCS 5/6-206, the Secretary may evaluate a driver’s overall conduct, including repeated traffic violations, evidence of unsafe driving behavior, or physical or mental conditions that impair safe vehicle operation. Discretionary revocations are based on the Secretary’s judgment that continued licensure would pose a risk to public safety.

Reasons for Mandatory Revocation

A mandatory revocation can be entered for various traffic and criminal offenses. It is essential that an attorney understands general traffic law, as well as criminal defense, when handling a mandatory revocation. Some common reasons for mandatory revocation include the following:

• Conviction for DUI
• Conviction for leaving the scene of a crash involving injury or death
• Conviction for reckless homicide involving a motor vehicle
• Conviction for drag racing
• Conviction for aggravated fleeing or attempting to elude police
• Conviction for using a motor vehicle in the commission of a felony
• Second or subsequent offense for driving without a valid license
• Conviction for driving a commercial vehicle under the influence of alcohol or drugs

Mandatory revocations are serious matters that require a formal hearing before the Illinois Secretary of State in order to pursue license reinstatement. These hearings are adversarial in nature, meaning the state is represented by an attorney, and the proceedings are overseen by an administrative law judge. The hearing is a structured legal process with testimony, documentary evidence, and legal analysis all playing vital roles in the ultimate decision.

Because of the complexity of these hearings, it is essential that individuals facing a mandatory revocation consult with an experienced driver’s license reinstatement attorney. Our office assists clients in evaluating their eligibility for a hearing, gathering the necessary documentation, and preparing persuasive, organized testimony. We work closely with each client to ensure that their case is presented clearly and effectively, with the goal of demonstrating rehabilitation, responsibility, and readiness to drive safely in the future. A well-prepared case can make a critical difference in achieving a successful outcome.

Reasons for Discretionary Revocation

The Illinois Vehicle Code allows the Secretary of State discretion to revoke a license based on the driver’s overall record, behavior, or risk to public safety, even if a specific mandatory revocation trigger does not exist.

Discretionary revocations often arise after repeated or concerning patterns of driving behavior. A licensing attorney must understand general traffic law to determine whether a revocation is best cleared through vacating tickets in court or through a driver’s license hearing. Some reasons for discretionary revocation are as follows:

• Multiple serious traffic violations in a short period
• Driving while license is suspended or revoked (DWLS or DWLR)
• Poor driving record involving frequent crashes or citations

In most cases, a discretionary revocation will require a hearing before the Illinois Secretary of State. During this hearing, the Secretary will evaluate the totality of the circumstances to determine whether the individual is likely to operate a motor vehicle safely if granted driving privileges again.

An experienced driver’s license attorney can play a critical role in helping clients respond to a discretionary revocation by presenting evidence of rehabilitation, responsible behavior, and compliance with all legal requirements.

Our office guides clients through every step of the process—gathering supporting documentation, advising on relevant laws and procedures, and thoroughly preparing them to provide clear and effective testimony. With our practice, clients should feel confident when they attend a licensing hearing. We work with clients during every step of the process to obtain the best possible outcome.

Free Consultations

Our Illinois traffic law practice is built on decades of experience, personalized service, and a results-driven approach. We understand how important it is to regain your ability to drive—and how overwhelming the legal process can feel. Our office is responsive, detail-oriented, and dedicated to providing honest, strategic guidance from start to finish. Please do not hesitate to contact our office for a free consultation at (312) 761-8290 or by emailing us at jennifer@wirthlaw.org.