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QuestionInsurance Question  What are Illinois penalties against driving underage (with only a permit)?

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It would depend upon the exact offense that you were cited for as to the specific penalty you would receive in Illinois. As you are likely aware in Illinois if you are age 15 to 17, you may receive your instruction permit only if you are enrolled in an approved driver education class. Your instruction permit must be used in the driver education class when an adult instructor is sitting beside you. You also may practice driving with one of your parents, a legal guardian or a responsible adult approved by your parents sitting in the front seat. This adult must be at least age 21, have a license for the type of vehicle you are driving, and have at least one year of driving experience.

After you have successfully completed the driver education class, you may continue practicing to drive with your instruction permit under the supervision of a responsible adult as outlined above. The instruction permit is valid for 24 months and must be held for at least nine months prior to obtaining a driver’s license when you are age 16 or older. If you are 17 years and 3 months or older, you may apply for an instruction permit without taking a driver education course.

There are certain restrictions and conditions associated with the permit phase of the Illinois graduated licensing system. If you do not follow the guidelines set forth by the state of Illinois regarding your permit the Illinois SOS (Secretary of State) notes that permit holders can be placed under the following sanctions:

  • Limit of one court supervision for serious driving offenses. To obtain court supervision, driver must appear in person before the presiding court with a parent or legal guardian and must also attend traffic safety school.
  • Conviction of a moving violation results in a nine-month waiting period before applying for a driver's license.
  • Not eligible for any hardship permit.
  • Anyone caught driving without a permit will be ineligible to obtain a driver's license until age 18.

Effective January 1, 2008, in IL a driver must remain free of traffic convictions during the entire nine-month permit phase. If the driver is convicted of a traffic offense during this time, he/she will not move to the initial licensing phase until he/she is free of traffic convictions for a full nine months or until age 18, whichever occurs first. If the conviction is received by the Secretary of State's office after the driver has moved to the initial licensing phase, the driver will be remanded back to the permit phase. A letter will be sent to the driver and the parents indicating the change in driving status.

Drivers in the initial licensing phase (usually drivers ages 16 and 17), must remain conviction free for the final six months before moving to the next phase. If a new driver receives a conviction during this six-month period, he/she will not be able to move to the next phase of the program until he/she is conviction-free for a full six months or until age 21, whichever occurs first.

If you were found driving against the restrictions placed on a permit holder then you should contact the court listed on the citation and/or the IL SOS to find out what penalties you will be facing.

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