Criteria For an Underage Fake ID Suspension
Most readers will not know this, but the Illinois Secretary of State's Office will suspend the driver's license of any person under twenty-one (21) years-old any time it learns that the person possessed identification saying that he or she is above that age. That suspension will always be for twelve (12) months and can occur even if no arrest was made and no ticket was issued.
Believe it or not, but this is true regardless of whether or not the photo on the ID looks anything like the person who possessed it, not to mention the reasons why it was possessed. That might seem shocking. What is more shocking is the fact that the Secretary of State can suspend a person's driver's license based on any written confirmation it receives.
This can include a police report involving the discovery of the fake ID, for example, that is faxed or e-mailed. The reason that the State of Illinois does this is that it presumes anyone under the age of twenty-one (21) possessed the ID with the intent to use it to acquire alcohol.
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Suspension of Out-of-State Residents
Many readers might not realize that Illinois can suspend a person's driver's license, even when that person is not a resident of Illinois. This is true, for example, when a person is a student at a college or university in Illinois, but technically resides out of state. This can complicate things in young people's lives, to say the least.
Even attorneys do not realize that it is possible to seek either a permit to drive or a deletion of the suspension from the Illinois Secretary of State's Office. The method of doing so can differ depending on whether someone is seeking a permit to drive or is seeking to delete the suspension.
In order to get the suspension lifted entirely, a person has to have a Formal Hearing, while in order to get a driving permit, a person would have to have an Informal Hearing. The difference between these hearings is addressed in other articles, but suffice it to say that getting either is not easy.
Documentation is Necessary
Because the Illinois Secretary of State considers anyone with a fake ID to only have possessed it in order to obtain alcohol underage, getting documentation of whether or not that person has an alcohol problem is essential.
As a result, what documentation a person submits at either a Formal or Informal Hearing can depend, but it is always a good idea to have a substance abuse evaluation, not to mention documentation of any treatment (if the evaluation called for it), ready before going to either hearing. What a person can expect to be asked at a hearing can be complex, and go way beyond just someone having a fake ID.
Being ready for that hearing can be complex, but we always make sure that our clients are 100% ready for their hearings, regardless of the type of hearing we have. We are available to help anyone who finds his or her driver's license suspended after being accused of having a fake ID, so call us today.
Copyright © 2017 by Brendan Bukalski
The information provided in this article is general in nature, and should not be relied upon as legal advice or interpreted as creating an attorney-client relationship. As a general rule, all specific legal problems should be handled by an individual's attorney. All rights reserved. Any copying, duplication, or commercial use of the information contained in this column is strictly prohibited without prior permission.