new laws for juveniles and graduated drivers licenses effective january 1 st, 2008
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New Laws for Juvenilesand
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.
• Siblings• Step-siblings• Children or• Step Children of the driver
Exceptions
The persons under 20 are
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
ExceptionsContinued
• 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
ExceptionsContinued
• 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 violation free for a period of 6 consecutive months 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
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.
Meanings/DefinitionsStreet Racing: continued
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 misdemeanorAggravated 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.
PenaltiesA 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 AlcoholThe 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
DrinkingIt 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
DrinkingWhere 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
