Section 1040.36 Suspension for Violation of Restrictions on Driver's License

Section 1040

Section 1040.36  Suspension

for Violation of Restrictions on Driver's License

a)         A person who is convicted of operating a motor vehicle in

violation of the restrictions imposed on a driver's license shall have his/her

driving privileges suspended by the Department.  If a corrected driver's

license that removes the restriction that was violated at the time of arrest is

issued on or prior to the conviction date of the incoming conviction for a

first offense of a driver's license restriction violation, no action shall be

taken against the individual by the Department.

b)         Miscellaneous suspensions shall not be considered prior

suspensions for the purpose of this Section.

c)         When considering prior convictions, only convictions for

operating a motor vehicle in violation of restrictions on a driver's license

within seven years prior to the arrest date of the incoming conviction shall be

considered.

d)         Only those suspensions currently in effect or pending or

suspensions or revocations cleared within seven years prior to the forthcoming

suspension's effective date shall be considered as prior suspensions or

revocations.

e)         If a person has no prior suspensions or revocations of any

kind and a conviction for operating a motor vehicle in violation of the

restrictions imposed on a driver's license, the Department shall take action as

follows:

ACTION TABLE

Convictions

Action

1

st

Conviction

2-month Suspension

2

nd

Conviction

4-month Suspension

3

rd

Conviction

6-month Suspension

4

th

or subsequent

Conviction

12-month Suspension

f)         If a person has one prior suspension or revocation and a

conviction for operating a motor vehicle in violation of the restrictions

imposed on a driver's license, the Department shall take action as follows:

ACTION TABLE

Convictions

Action

1

st

Conviction

4-month Suspension

2

nd

Conviction

6-month Suspension

3

rd

or subsequent

Conviction

12-month Suspension

g)         If a person has two prior suspensions or revocations o

uspension or revocation and a

conviction for operating a motor vehicle in violation of the restrictions

imposed on a driver's license, the Department shall take action as follows:

ACTION TABLE

Convictions

Action

1

st

Conviction

4-month Suspension

2

nd

Conviction

6-month Suspension

3

rd

or subsequent

Conviction

12-month Suspension

g)         If a person has two prior suspensions or revocations or any

combination thereof, and a conviction for operating a motor vehicle in

violation of the restrictions imposed on a driver's license, the Department

shall take action as follows:

ACTION TABLE

Convictions

Action

1

st

Conviction

6-month Suspension

2

nd

or subsequent

Conviction

12-month Suspension

h)         If a person has three prior suspensions or revocations or any

combination thereof, and a conviction for operating a motor vehicle in

violation of the restrictions imposed on a driver's license, the Department

shall take action as follows:

ACTION TABLE

Convictions

Action

1

st

or subsequent

Conviction

12-month Suspension

i)          If a conviction for operating a motor vehicle in violation of

the restrictions imposed on a driver's license shows an arrest date during a

period of revocation that is in effect, the revocation shall be extended for one

year from the date of the conviction or the latest projected eligibility date

on record, whichever is the greater period of time.  If a conviction for

operating a motor vehicle in violation of the restrictions imposed on a

driver's license shows an arrest date during a period of suspension (including

curfew and night time driving restriction suspensions) that is still in effect,

the suspension shall be extended the same amount of time as the originally

imposed suspension in accordance with IVC Section 6-303

iod of time.  If a conviction for

operating a motor vehicle in violation of the restrictions imposed on a

driver's license shows an arrest date during a period of suspension (including

curfew and night time driving restriction suspensions) that is still in effect,

the suspension shall be extended the same amount of time as the originally

imposed suspension in accordance with IVC Section 6-303.

j)          If a person has a suspension in effect pursuant to IVC Section

6-113(d)and receives a subsequent conviction for operating a motor vehicle in

violation of the restrictions imposed on a driver's license, the suspension

shall be amended in accordance with the guidelines of subsections (e) through (h).