Is it legal to charge me with a second offense on a revoked license if I do not own a license? 2 Answers as of August 03, 2011

I am currently in jail in Illinois for driving on a revoked license as a second offense. I had a previous dui in 1988, but when I was charged with the dui, I did not have, and have never had a driver's license. In the interim, I was incarcerated for 23-years. Is this legal to charge me with a second offense of driving on a revoked license when I have never had license?

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Brucar & Yetter, P.C.
Brucar & Yetter, P.C. | Wayne Brucar
Yes. Even if you never had a license, the charge is based on the legality of your driving. In Illinois, the Secretary of State will issue you a driver's license identification number for the purpose of keeping track of your offenses in Illinois if you do not have an actual license. If you are not licensed, you may not drive and are considered driving on a revoked license if you do. If you do and are caught doing so, this identification number is referenced so the State may not only charge you with the offense of Driving on a Revoked license, but enhance your sentence based on the number of violations.
Answer Applies to: Illinois
Replied: 8/1/2011
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