My husband was pulled over in illinois the officer stated that he was speeding in a construction zone. the officer stated that his speedometer read 58 so mark was going 60. Then came back and told us that his IL DL was suspended, he does not have a IL DL he has a valid FL DL. He was arrested. We live in Florida how do we deal with this.
Country relating to Question: United States
State (if USA): Illinois
Did your husband ever have an IL driver's license?
yes. 8 years ago. the DMV said something about child support. but he pays it thru the state of florida. also they said it went back to 2010. my husband just renewed his FL DL in April of this year. we were never notified of suspension, but they certainly sent child support to our florida house. if we had never driven in illinois we would have never known.
So there is a child support order out of Illinois - correct?
yes they sent here and now he pays thru florida
Is he paying towards arrearages?Are there arrearages?
yes but how do they suspend something he doesnt have. they never let us know
It's not a matter of them (Illinois) suspending his license - it's done through the state compact agreement.Driver License Compact (DLC) is an interstate compact (agreement between states) used by States of the United States to exchange information concerning license suspensions and traffic violations of non-residents and forward them to the state where they are licensed known as the home state. Its theme is One Driver, One License, One Record. The home state would treat the offense as if it had been committed at home, applying home state laws to the out-of-state offense. The action taken would include, but not be limited to, points assessed on a minor offense such as speeding and suspension of license or a major violation such as DWI/DUI. It is not supposed to include non-moving violations like parking tickets, tinted windows, loud exhaust, etc.So, when Illinois suspends his driving privileges in Illinois - it posts against his license in all other states - which therefore, suspends his Florida license. Did he get notice from FL that his driver's license is suspended there?
no he has a valid florida DL as of right now
Then it's only as to IL that they can suspend his license - it would be a "perversion" of the Driver's License Compact for IL to be able to suspend his license in FL.The problem though is - that he's been caught driving in IL with a suspended license.IL can suspend someone's driving privilges in that state.Is he still in IL or back in FL?How much child support does he owe?
he is back in florida and we never have to go to illinois again. how do i take care of the arrest. we live 16 hours away. we were never notified of suspension. will illinois extradite him if he does nothing with this or do we send the tickets in and plea not gulity at this point and go to cart. it this just a fine or jail time?
They will not extradite him for child support arrearages nor a driver's license suspension.This is just penalties - no jail time.What are the arrearages owed as to the child support?
he pays 20 dollars a month through the florida courts its all back child support. could it be that florida and illinois has not caught up with each other. so illinois knows he is paying it. do i need to hire a lawyer since we live so far away
I didn't know that he was already paying arrearages through the FL court.Yes, I would retain an attorney in IL.This is clearly a mess if he's paying the arrearages already through the FL courts.You will need an attorney to straighten this out in IL and then the criminal charges should be dropped.You don't want to be traveling back and forth to IL from FL - the cost of that trip will easily pay for the cost of the attorney's fees yet alone the time involved.
how would he have been able to renew his florida DL in april and still as of today have a valid FL DL if illinois places a suspension.
Because a driver's license for suspension based on child support is not part of the Driver License Compact (DLC) agreement between states. As such, that IL suspended his driving privilges in IL based on the child support is not recognized in FL.If you would like any additional information or have more questions please don’t hesitate to ask!Please remember to only rate my answer when you are satisfied with my response. IF you feel the need to click either of the two starts on the left, please STOP and reply to me via the "CONTINUE CONVERSATION" button. Let me know the issue you have and I will be happy to continue further and do everything I can to provide you with the service you seek.If you give any rating below 3 stars then I will not be compensated in any way for helping you today.The "helped a little" is considered a negative.Thank you,Law Pro
20 years practicing traffic law.
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