Non-Illinois Residents Out-of-State Packets
The Law Offices of Winer & Winer have helped hundreds of driver’s throughout the country retain driving privileges from their resident state due to a “Hold” from the Illinois Secretary of State because they were unable to renew their current driver’s license or obtain a new license in their resident state.
The clearing of a Hold from Illinois can be a daunting and frustrating process. Many people that attempt to complete the process themselves often put themselves in a much worse situation. Non-Illinois residents who received a revocation or suspension in Illinois license face several challenges in removing the hold from Illinois. This hold is due to the “National Registry-PDPS” a federal database where every state is required, before issuing a driver’s license or renewing one, to check and determine if the driver has received revocation or suspension in another state. The National Registry, also referred to as the “PDPS”- Problem Driver Pointer System, is designed to advise states of any prior revocations or suspensions that must first be cleared in the issuing state.
Remove the Hold from Illinois and get your driving privileges back!!
Due to the PDPS check many drivers, whose arrests happened a long time ago, are now dealing with the consequences in their resident states. If the person is revoked or suspended in Illinois the PDPS will indicate this and the issuance or renewal of their driver’s license will be denied. The person must contact Illinois and start the process of clearing the Hold because until this hold is cleared you will be unable to obtain driving privileges in their state.
Tap here to review legal articles that David J. Winer has published on Secretary of State hearings.
This can be extremely frustrating because many drivers thought the prior Illinois ramifications were over with many years ago. However, due to the PDPS Illinois can only remove the Hold through court proceedings or a Secretary of State hearing conducted either in person or through the mail with an Out-of State Packet If the driver lives within 30 miles of the Illinois border they must attend an in-person Formal or Informal hearing. If they live beyond that they can choose either to have an in-person hearing or proceed with an OOS Packet through the mail. This page deals only with the OOS Packet process. For information regarding an In-person Formal or Informal hearings see the separate web site page of our site.
The Law Office of Winer & Winer can help get you back on the road!!
Call now (847) 336-9111
For detailed information, tap here to read the legal article titled “Out of State Hearings” published in a leading Illinois legal publication by David J. Winer.
If removal of the hold relief through court proceeding is not possible, the Out of State Packet is a detailed questioner designed by the Illinois Secretary of State. At first glance the questions may not seem too complicated, but the wrong answer can result in a denial and put the driver in a much worse situation for future petitions. The Secretary of State is very particular about the information this documentation must include and frequently rejects submitted documents. In certain cases the Secretary of State requires past alcohol evaluations, treatment documentation and may request a brand new evaluation. But, unless this process is completed a DUI revocation hold will NEVER be removed
It is important that you have the assistance of an experienced Illinois attorney to help guide you through the complex Secretary of State procedures. The Law Office of Winer & Winer has helped countless drivers throughout the country remove the hold from Illinois. We are very familiar with the procedures and work closely with you and a potential evaluator to ensure the best outcome. We have the proven results to help you with all the paperwork and other issues to remove the hold and obtain a driver’s license.
For a free consultation and questions about the process and legal fees
Call David J. Winer at 847-336-9111
FAQ’S
What if Illinois has a hold on me to Renew or Obtain a license?
We represent many out-of-state clients seeking to clear an Illinois revocation hold. Often a DUI (or other traffic violations) that occurred in Illinois is now effecting the ability to renew or obtain a license in their resident state. The National Registry/PDPS is a Federal database that contains national information of DUI’s and other serious traffic offenses. Due to a revocation or suspension in Illinois it causes in a hold and forces you to obtain clearance from Illinois. Often, a person attempts to renew their license or obtain a new license in their state and are denied because Illinois placed a hold that is located on the database.
Even if the Illinois revocation occurred many years ago and you now have a valid driver’s license, the PDPS will prohibit renewal. Consequently, you must petition Illinois for clearance. There are three ways to achieve this:
- An in-person Formal Hearing in Illinois or
- an Out of State Packet or
- If possible, hire an Illinois attorney to petition to court to vacate the charge that created the hold.
Only after a free consultation and learning of the reasons for the revocation/suspension hold can I advise which type of legal action has the most likelihood of success.
If petitioning the court is not possible and a Hearing is required the difference between two is significant. For a Formal Hearing, the client needs to obtain an alcohol evaluation, treatment documents and come to Illinois and testify at a hearing. .
For an Out of State Packet, our office assists clients in completing the Out of State Packet and obtain the required evaluations and other documents. It is all done through the mail
Must I return to Illinois for a hearing?
You can either come to Illinois for an in-person hearing or submit an Out of State Packet. If you live within 30 miles of the Illinois border you must attend an in-person hearing. If you live further than 30 miles from the border, can either attend an in-person hearing or submit an Out of State Packet. It depends on your personal circumstances.
If you do not come to Illinois an Out of State Packet is the method of clearing your hold. It consists of a lengthy affidavit, character letters, proof of residency and in certain circumstances a new alcohol evaluation and proof of alcohol treatment. You still need to apply for clearance through the Illinois even if you have no intention of returning here. These petitions and the required documents can be very tricky and it is highly recommended to obtain the assistance of an experienced lawyer in this area. If you do it yourself or use an inexperienced lawyer, you will likely be denied and cause serious problems with any future petitions.
My DUI was many years ago, can they clear my Illinois Hold without a hearing?
No, the Secretary of State will only clear a revocation hold by an Out of State Packet or in-person hearing. You cannot just wait until the Illinois Hold is cleared because when a person is revoked it stays in effect forever until they have a hearing. No matter how old the DUI is, Illinois requires a hearing to regain driving privileges. Otherwise, you will remain revoked forever.
How long does it take to remove an Illinois Hold?
Typically the results following an in-person Formal or Informal hearing take 2-3 months to receive by the mail while for an Out of State Packet the results typically are within a 2-4 months after they have been mailed in. Everything depends on your driving history, available documents, evaluator and other factors. We can determine your timeline after an initial phone consultation.
If I have been previously denied, can I reapply again?
We assist many people who were previously denied after doing it themselves or used an inexperienced lawyer. Before reapplying it is critical to review the Secretary of State Denial Order, evaluations and any other documents that were previously submitted to determine the specific reasons you were denied. If you do not have a copy of those documents our office can order all of them from the Secretary of State archives. Only after a thorough review of all the documents can we properly evaluate and address these issues.
Can I use an evaluator from the state I live in?
The Secretary of State will accept a licensed evaluator in the state where you reside. Our office works with the evaluator to educate and make them aware of all the Illinois Secretary of State requirements. We then review all their documents and advise them how to make sure they are fully compliant with Illinois law.
The Secretary of State of Illinois has very specific requirements to complete a Out of State Packet. Having incomplete or inaccurate documentation will result in the denial of your petition. Our office is very familiar with all the requirements needed to clear the Illinois hold.
If I completed alcohol treatment before, Must I complete it again?
This depends on your driving history, past treatment completion and other factors. Many clients do not have to do additional treatment, but must show proof of a 10 hour Remedial Education Program. Additional treatment is determined by many factors, such as your drinking use history since the Illinois DUI arrest. Additional treatment can be waived by the new evaluator or some additional treatment may be needed to be successful in clearing the Illinois Hold. We work closely with the treatment provider to ensure success in clearing the hold.
Do I need to have a lawyer represent me?
You are not required to have a lawyer for an Out of State Packet. However, it is highly recommended that you have an attorney that is experienced with this complex area of the law to guide you through the entire process. We address any issues with your evaluator and verify they are fully resolved prior to submitting the Out of State We will let you know if we can help you obtain a successful outcome and make sure all the requirements by the Secretary of State are followed. The process can be complex and often overwhelming for people
What if I have more than four DUI convictions on my record?
Out of State Residents can now seek clearance of the Illinois revocation hold ten years from the date of their last revocation in any state. In addition to the requirements of an Out of State Packet they must have three years of abstinence, completion of alcohol treatment and written proof of abstinence.
How much will it Cost?
I am fully aware that the legal fee is of great concern and provide fair and reasonable fees. The legal fee is based upon the complexity of the case which includes the number of prior DUIs, other serious traffic offenses; evaluation classification, type of hearing needed, etc. After a free review and consultation, I can quote a fee and payment plans are available. We accept debit and credit cards.
In addition to the legal fee there are other costs including a $50 Filing fee, new evaluation and ordering of past transcripts of any prior Secretary of State hearings. If you are successful at the hearing there may be an additional Secretary of State revocation reinstatement fee of $500 and also for any unpaid Summary Suspensions, other reinstatement fees or unpaid tickets.
Required Documents For a Hearing
Illinois mandates that a new evaluation by prepared if your DUI was within five years. After five years the evaluation is discretionary but is often advisable to obtain one depending on your past drinking and arrest. If an evaluation is required and your previous Evaluation is older than six months, you must either obtain a new one or get an Update Evaluation. The client must also try to obtain document of treatment completion.
A Level III-High Risk client must provide the above evaluation and treatment documents but also proof of attendance in a support recovery program like AA or a Non-Traditional Support Group and also proof of abstinence from three people attesting to your abstinence.
“Suspended” or “Revoked”- What is the difference?
A suspension is a loss of driving privileges for a definite period of time. There is a beginning and ending date which is determined by the Secretary of State. At the end of the suspension you pay a reinstatement fee and your driving privileges are restored. Through a hearing a person can apply for a Restricted Driving Permit during the suspension period and once the suspension is over you can drive. However, a review of your driving record must first be done to confirm if you are eligible for a Permit.
A revocation is indefinite and your license is not be automatically reinstated. Without a hearing you will be unable to drive forever. Only with a hearing can your obtain a permit or be restored. Again, there is no ‘automatic’ reinstatement after the revocation period and you will never be able to drive again until a hearing is conducted before the Secretary of State.
If classified as alcoholic and don’t go to AA, is there another type of Support Group I can present.
If you are classified by the evaluator as dependent on alcohol or drugs, the Secretary of State recognizes that AA does not fit everybody and may accept a “Non-Traditional” Support Group such as church, close friends/family, co-workers, therapy, or another program that helps you stay abstinent. You must explain what your Non-Traditional Support “Group” is and how it keeps you abstinent. It is important that they know your had an alcoholic problem, are available 24/7 if any personal issues/triggers arise and involve you in healthy non-alcohol activities. You must explain your reasons for not attending AA, and how this Group replaces it.
You must provide three letters from your group explaining how they are involved and what role they play in helping you stay sober, positive changes they see, how they help you to remain sober by communicating and providing advice and support.
Do I need to attend AA or proof of sobriety?
If you are classified as a Level III-Dependent you must provide letters confirming your abstinence and participation in a support program such as AA or other Non-Traditional Support. You must acknowledge that you are an alcoholic and are determined to stay sober .Y our sobriety must be documented that you quit drinking for a minimum of 12 months prior to the hearing or six months for an Restricted Driving Permit.
Call David J. Winer for a free review and consultation of your case at 847-336-9111