New Laws for Juveniles and Graduated Drivers Licenses

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Transcript New Laws for Juveniles and Graduated Drivers Licenses

New Laws for Juveniles
and
Graduated Drivers Licenses
Effective January 1st, 2008
Persons under the age of 21 will not be eligible for court
Supervision for the following Violations.
Any moving Violation i.e.
 Stop sign
 Speeding
 Failure to signal
 Improper lane usage
 Traffic signal violation
 R.R. signal Violation
The graduated license Statute
 Unlawful number of passengers
 Failure to secure persons under
the age of 19 in a properly
adjusted and fastened safety
belt/child restraint system.
 More than 1 passenger under
the age of 20
 A person under the age of 19 or
in possession of a graduated
license may not use a wireless
phone while operating a motor
vehicle
Unless all of the following criteria are met.
 The fine, penalties, and costs are paid
 Agree to attend an approved traffic
safety program
 Written consent signed by parent/guardian
in front of presiding judge
 Successfully completes the traffic
safety program
If you fail to successfully complete the traffic safety
program by the termination of your supervision.
The supervision is revoked and a conviction is
entered.
A
graduated drivers license may not be issued to
anyone under the age of 18 for nine months after
that person has been convicted of any offence
against
• The graduated license statute
• The seat belt regulations
• Any moving violation
A person under the age of 18 who has a graduated
D.L. may not operate a motor vehicle with more
than 1 person under the age of 20 in the vehicle for
the first 12 months or until said person reaches
his/her 18th birthday. Which ever occurs 1st.
If said person is convicted of any violations of the
statutes governing the movement of motor vehicles,
the graduated D.L. statutes, or seat belt regulations
during the first 12 months of holding his/her D.L..
The above stated restrictions shall remain in effect
until he/she remains violation free for 6 months even
if said person reaches the age of 18.
Exceptions
The persons under 20
are
• Siblings
• Step-siblings
• Children or
• Step Children
of the driver
 It is an offense for a person 15 through 19 years old to
be a second or subsequent passenger under the age of 20
in a motor vehicle being operated by a person who is in
their first 12 months of driving with a graduated D.L. or
until said driver reaches his/her 18th birthday and has not
had a restriction extension.
Exceptions
The persons under 20
are
• Siblings
• Step-siblings
• Children or
• Step Children of the driver
 For persons under 18 there drivers permit or license
is invalid between the following hours;
 11:00 pm to 6:00 am Friday night through Sunday
morning
 10:00 pm to 6:00 am Sunday night through Friday
morning
Exceptions
• Driver is accompanied by his/her parents/guardian
• On an errand @ the direction of a parent/guardian without
any stops or detours (This only applies to the hour prior to
curfew (10-11 Sun.-Thur. & 11-12 Fri. & Sat.))
• Driving a vehicle involved with interstate travel
• Going to or returning home from an employment activity
without any stops or detours
Exceptions
Continued
•
•
•
•
•
Involved in an emergency
Going to or returning home from an official school activity
without any detour or stop
Going to or returning home from an official religious activity
without any detour or stop
Other recreational activity supervised by adults and
sponsored by a government or governmental agency, a civic
organization, or another similar entity that takes
responsibility for the licensee, without any detour or stop
Exercising First Amendment rights protected by the United
States Constitution;
• Free exercise of religion
• Freedom of Speech
• Right to assembly
Exceptions
Continued
• Married or had been married or is an emancipated
minor under the Emancipated Minor Act.
 Restrictions on a graduated driver’s license holder
continue past the age of 18;
•
•
•
•
•
If
The person commits a moving violation or
Violates the graduated license statute or
Violates the seatbelt law with in
The 6 months prior to his/her 18th birthday and
Is convicted of said offence
The graduated driver’s license holder must then
remain violation free for a period of 6 consecutive
months before the restrictions will be lifted.
 Discretionary suspension of driving privileges by the
Secretary of State for persons under 21
• A person has been convicted of a moving violation and
• Said violation occurred while the driver was under 21 and
• Said driver had been previously suspended/revoked for
having 2 moving violation within a 24 month period while
under the age of 21
 Street Racing/ Aggravated Street Racing
It is against the law in this state to engage in any form of
street racing on any street(s) or highway(s) within Illinois. It
is also a crime for the owner of any vehicle to allow his/her
vehicle to be used in any form of street racing.
Meanings/Definitions
Street Racing:
1. 2 or more vehicles from a point side by side with accelerating
speeds in an competitive attempt to outdistance each other;
or
2. 1 or more vehicles over a common course, each starting at
the same point, for the purpose of comparing the relative
speeds or power of acceleration of such vehicle or vehicles
within a certain distance or time limit; or
Meanings/Definitions
Street Racing: continued
3. The use of 1 or more vehicles in an attempt to out gain
or out distance another vehicle; or
4. The use of 1 or more vehicles to prevent another
vehicle from passing; or
5. The use of 1 or more vehicles to arrive at a given
destination ahead of another vehicle or vehicles; or
6. The use of 1 or more vehicles to test the physical
stamina or endurance of drivers over long-distance
driving routes.
Penalties
• First offence;
• Class A misdemeanor minimum $250.00 fine
• Drivers license Revocation
• Second/Subsequent offense;
• Class 4 felony minimum $500.00 fine
• Drivers license Revocation
• Allowing your vehicle to be used for street racing;
• Class B misdemeanor
• Second/Subsequent offence Class A misdemeanor
Aggravated Street Racing
If the racing vehicle(s) are involved in a crash that results in
great bodily harm or permanent disability or disfigurement to
another person.
Penalties
A Class 4 felony for which the defendant must be sentenced
to not less than 1 year and not more than 12 years in prison
Street Racing Penalties
Continued
• Police Officer(s) must immediately impound the vehicle(s)
used in the street racing for a period of 5 days after the arrest
• Any Violation of the Street racing Law results in the
immediate invalidity of a restricted driving permit
• Street racing statute or similar local ordinance requires a
mandatory driver’s license revocation
Wireless Phone Use Restricted
1. A person under the age of 19 with an instruction permit or
who holds a graduated drivers license may not drive a
motor vehicle on a roadway while using a wireless phone.
2. The regulations that apply to persons under 19 will apply
to persons over 18 if in the 6 months prior to his/her 18th
birthday the holder of a graduated drivers license has been
convicted of a moving violation, graduated license
violation, or seatbelt law violation.
• The graduated license holder will receive a
6 consecutive month extension on the
wireless Phone restriction
Parents Can View Child’s Driving Abstract
Parents of children who are under 18 and hold a Driving
permit or Graduated Drivers License have the right to
view there child’s Secretary of State Driving Abstract.
This also includes information regarding summary or
Zero Tolerance suspensions. There is no cost for this
service and it is conducted over the internet.
Teens to Lose Driver’s Licenses for Underage
Consumption or Possession of Alcohol
The Liquor Commissioner of a city/town is required to
notify the Secretary of State of any conviction or Court
Supervision for any person who has been charged with
Underage Consumption or Possession of Alcohol.
The Secretary of State is to then impose a suspension or
revocation of said persons drivers license
Seat Belt Law Changes
A person under the age of 19 who is in a vehicle being
driven by a person over the age of 18 who has been
given a 6 month extension on his driving restrictions
must wear a properly adjusted and fastened seat belt.
Penalties Increased for Parents Who Allow
Underage Drinking
It is unlawful for a parent or guardian to allow their residence
to be used for the purpose of consuming alcohol by persons
under the age of 21 who have been invited in/over by their
children/ward.
Parents/guardians have knowingly permitted his/her
residence to be used in violation of this statute if he/she
knowingly authorize, enables, or permits consumption of
alcohol by underage invitees
Penalties Increased for Parents Who Allow
Underage Drinking
Where a violation of this statute results in great
bodily harm or death to any person, the crime is a
class 4 felony Effective Date 8/31/2007
Officer
Talerico
If you have
any
questions on
630 455-2144 ext
please contact;
[email protected]