illinois restricted driving permit violations

Illinois permit shall be restricted license renewal notice sent and ice after it help, illinois restricted driving permit renewal fee is satisfied in illinois and he attend a violation. If you are pulled over and arrested for drinking and driving in Illinois, you are subject to a statutory summary suspension of your driver's license by the SOS, whether or not you end up being criminally convicted for a DUI. Second offense A conviction for a second offense . A guide to administrative hearings before the Office of the Secretary of State. If it's too late, it's still important to educate yourself about what's in store as you enter the court system. Subscribe to our News and Updates to stay in the loop and on the road! You can be issued an MDDP through your formal hearing. For more information on DASA-approved courses, contact the Department of Human Services Family Community Resource Centerhelpline at (800) 843-6154. The DUI defense attorneys at The Davis Law Group, P.C. Waivers are discretionary when considering an RDP but should be no less than six (6) months continuous abstinence. As noted previously, 92 Ill. Description of Violation. Use this form to request a hearing for a traffic violation. Plaintiff demonstrates no undue hardship about his employment. Consequences include fines of up to $2,500 and a mandatory minimum jail sentence of 10 days (and, though rare, up to one year). Part of the Legal Professionals library, sponsored byQuilling, Selander, Lownds, Winslett & Moser. If, for instance, you have been convicted of 2 DUIs or more, you'll be issued a restricted driving permit as well as a requirement for a BAIID for 5 years. 2d 1373 (Ill. App. Remember, if your driver's license is revoked for any reason (including a DUI conviction), you cannot apply for a new license for at least 1 year. Murdy, 73 Ill. Dec. 722 at 727. Ill. Gun laws in Illinois regulate the sale, possession, and use of firearms and ammunition in the state of Illinois in the United States.. To legally possess firearms or ammunition, Illinois residents must have a Firearm Owners Identification (FOID) card, which is issued by the Illinois State Police on a shall-issue basis. Each address is listed on the. . A RDP may be cancelled as the result of a conviction for any moving violation. Probationary License Allows a driver age 21 and over, whose license has been suspended for three moving violations in a 12-month period, to operate a vehicle during the period of suspension. What Happens If a Commercial Truck Is Overweight? Illinois Driving Restrictions, Suspensions and Permits Judicial Driving Permits This permit is issued, following a circuit judge's order, to a first offender age 18 or older serving a statutory summary DUI Attorneys Find local DUI attorneys and DUI lawyers to help you with your drunk driving defense. Many states also allow parents with restricted licenses to transport children to and from school and other necessary appointments. To apply for an RDP, you must go through the same informal/formal hearing process described in Reinstate Your IL Driver's License" above. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. If an officer pulls you over for a moving violation and then determines that your BAC is Schaumburg License Reinstatement Assistance if you Were Denied a Restricted Driver's Permit. Persons convicted of committing a second violation within twenty years of: may not make application for reinstatement for five years from the date of revocation. A restricted driving permit is designed to help people who might face "undue hardship" because of losing their license. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. someone with a family member who was in jail or prison, a veteran, active duty military or have had military service, a non-profit organization or small business, License Suspension or Revocation and Driving Abstracts, Safety Responsibility Law and Relief Available, Family Financial Responsibility Law and Relief Available, Driving Uninsured and Driving Under the Influence, Secretary of State formal hearing request, Quilling, Selander, Lownds, Winslett & Moser, No alternative means of transportation is available, Denial of RDP will pose undue hardship on driver, i.e. 0.05% and 0.08% do not trigger the statutory summary suspension detailed below; the penalties are instead entirely based on the outcome of the court case. You must be at least age 18 to obtain an Illinois driver's license. When you provide your social security and driver's license numbers, the system supplies your status. If you accumulate points for more than three violations in a 12-month period on your current driver record, your license will be suspended. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. (See Breiner v. Edgar, 130 Ill. App. If you were convicted of driving under the influence (DUI), you may face fees and jail time. Content on this website is for general information purposes only. Informal hearings are held on a walk-in basis and conducted by a hearing officer. Understanding Illinois' Restricted Driving Permit Laws. Illinois First Offense DUI Under 21 II, secs. A BAIID is required as a condition of receiving a Restricted Driving Permit for a person who has two or more DUI convictions; or two statutory summary suspensions (as a result of two DUI arrests); or one DUI conviction with a statutory summary suspension from a separate DUI arrest. Generally, the license is issued as part of a defensive driving course. DuPage County including Wheaton, Addison, Downers Grove, and Glendale Heights; and Will County including Joliet and Bolingbrook. The minimum length of your DUI-related revocation depends on the number of offenses for which you are convicted and the specific circumstances surrounding your arrest and conviction: Please note that DUI convictions may result in additional criminal penalties imposed by the court. 5 years. Parking suspensions. If you are approved, your vehicle will be outfitted with a Breath Alcohol Ignition Interlock Device for the rest of your driving lifetime. If you are not yet eligible for reinstatement at the time of your application for a RDP/hardship license, then you must first establish that if granted driving privileges you will not pose a risk to the public safety and also that you have an extreme hardship resulting from the loss of your drivers license. 1999 - 2023 DMV.ORG. For a second transportation of alcohol suspension, a driver under age 21 must wait 6 months from date of suspension to apply for RDP. The driver should always provide a test when requested to do so. Probationary License/Permit - this permit allows drivers who are age 21 and older, whose driver's license has been suspended for three moving violations in a 12-month period, to operate a vehicle during the period of suspension. The contact form sends information by non-encrypted email, which is not secure. Effective January 1, 1999, persons convicted of committing a fourth or subsequent violation of the offenses listed in paragraph c above are permanently barred from seeking reinstatement in the future. seq. Accordingly, the Court held that the Secretary's denial of the restricted driving permit was contrary to the manifest weight of the evidence. 25 Feb/23. Losing the ability to drive can be a major burden. Your hearing may result in a granting of a restricted driving permit, denial of reinstatement, or full reinstatement of your license. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Administrative Code, ch. If you were convicted of driving under the influence (DUI), you may face fees and jail time. In order to be prepared for your hearing, it is wise to review the Alcohol/Drug-Related Hearings page on the state website. 1985), the Court stated that where the plaintiff lived only one mile from his place of employment, that he was able to get to work since his wife drove him every morning and he was generally able to obtain a ride home in the evening and further, that he was not required to drive on the job during the day, the plaintiff had failed to demonstrate an undue hardship. Looking for Suspended License in another state? grants the Secretary of State authority to fully reinstate driving privileges or to grant restricted driving permits. Secretary of State will take action against your license if you are charged with a DUI or other serious offense. 34 - Extension of Revocation . 815-723-5600. stevenhaneylaw@aol.com. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Daily Presence in Will County . Drivers License Suspension, Revocation & Reinstatement. Join 1,972,984 Americans who searched for Car Insurance Rates: Start Your Ignition Interlock Application Process. Pay a $500 license reinstatement fees and an application fee. The rules also specify those factors to be considered by the Secretary of State in determining whether and what type of relief should be granted. 625 ILCS 5/6-208(b)(2)(3). Make a difference in the lives of those who come to ILAO looking for help and hope. 90 days of the violation. 1001.420(i), 92 Ill. Meet with a formal hearing officer from the Illinois Secretary of State office. Subscribe to our News and Updates to stay in the loop and on the road! How long your license is suspendeddepends on the number of offense. 11-501) [625 ILCS 5/11-501] or a similar provision of a local ordinance, the court shall first review and have made of record each of the following: . . Accordingly, the attorney should carefully review these rules and determine the applicability of those rules to the client's particular case. Murdy v. Edgar, supra; People v. Turner, 64 Ill. 2d 183, 186 (1976). See 625 ILCS 5/6-205(c). The first time you're convicted of a DUI offense, you'll have a Breath Alcohol Ignition Interlock Device (BAIID) installed on your vehicle if you wish to have a Monitoring Device Driving Permit (MDDP). For example, no consideration for relief will be given to an individual who has a traffic case pending against him/her. Hardship License Illinois. In addition to Administrative penalties you will also face stiff If you are not able to use the online payment system please call(888) 261-5238. . Illinois SAFE-T Act to Reduce Drivers License Suspensions. all applicable fees for a BAIID in order to be able to keep driving. Listed below are the basic 1st offense penalties. A restricted driving permit issued under this Section shall be subject to cancellation, revocation, and suspension by the Secretary of State in like manner and for like cause as a driver's license issued under this Code may be cancelled, revoked, or suspended; except that a conviction upon one or more offenses against laws or ordinances 1986), the Court affirmed the Secretary of State's denial of a restricted driving permit to an individual who was capable of walking to work. If your license is revoked for any reason, you CANNOT apply for reinstatement for at least 1 year. Foege, 65 Ill. Dec. 753 at 755. Therefore, the Court held, the trial court's granting of a restricted driving permit to him was erroneous and reversed. Your driver's license may also be revoked. A permit under this subchapter is void on the failure of an owner or the owner's representative to comply with a rule of the board or with a condition placed on the permit, and immediately on the violation, further movement over a highway of an oversize or overweight vehicle violates the law regulating the size or weight of a vehicle on a . It requires the driver to pass a breath alcohol test before the ignition will engage and start the vehicle. In Illinois, once driving privileges are revoked, the restoration of such privileges is not automatic. 92 Ill. $250 for: The report or updated report must not be more than 6 months old. restrictions contained in subsection (i), follow the manner prescribed by this An The codes and their meanings are as. Violations include: BrAC reading of .05 or more Failing a rolling retest Failure to take a rolling retest Failing to submit a BAIID for a monitor report in a timely manner Failing to submit a BAIID for a monitor report in a timely manner, 5 or more unsuccessful attempts to start a vehicle within a 24 hour period, 10 or more unsuccessful attempts to start a vehicle within a 30 day period, Tampering with or unauthorized circumvention of the BAIID. 3d 392, 703 N.E. Issuance of the MDDP and installation of the BAIID allows drivers to legally operate a motor vehicle at any time of day or night as long as they do not consume alcohol prior to driving and do not tamper with the BAIID unit. You must breathe into the device and prove that you are not under the influence to start the car. Allows a driver age 21 and over, whose license has been suspended for three moving violations in a 12-month period, to operate a vehicle during the period of suspension. Did HB 1446 change this so 4th time offenders are eligible to apply for an RDP five years after their last revocation/jail release, with treatment, abstinence and the use of a BAIID device? 625 ILCS 5/11-501. Submitted by Kerry O'Brien on Mon, 10/31/2022 - 15:40. We agree with plaintiff that he has taken every reasonable step to combat his addiction. Completed your alcohol/drug evaluation AND proof of treatment if it was required. 1985), the Court held that the failure or refusal of an applicant to attend or participate in an alcohol-related driver risk education might constitute a lawful basis upon which to deny a request for the reinstatement of driving privileges. Breiner, 76 Ill. Dec. 176 at 180. If you refuse to take the chemical test, you automatically face license suspension. In affirming the State's decision to deny the plaintiff driving relief, the Court said: We note plaintiff's heavy commitment to alcohol abuse support groups. In each case, the pertinent inquiry is the danger to the public in allowing the applicant to drive. Committing a felony while operating a commercial motor vehicle. It was this distinction regarding the scope of driving rights to be accorded to a person, i.e., whether they are granted only a restricted driving permit rather than full reinstatement, that served as the basis for the Court's decision in Breiner v. Edgar, 130 Ill. App. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. To be eligible for a restricted driving permit, a driver must: Prove that hardship will exist if they cannot drive If your license was revoked due to two or more DUIs, it is especially difficult to get your license reinstated. (See DUI Revocations" above.). Once you have been convicted of 2 DUIs, you will be required to obtain a Restricted Driving Permit (see below) and you'll have a BAIID installed in your car for a period of Get free quotes from the nation's biggest auto insurance providers. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. You may request an informal hearing with an informal hearing officer IF your driver's license was suspended for: To request an informal hearing, contact any hearing officer facility location. Breath Alcohol Ignition Interlock Device (BAIID), Out of State License Reinstatement Hearings FAQ, Fraudulent License & ID Cancellation, Suspension and Revocation, Temporary Visitor Drivers License For Undocumented Immigrants. Granting a restricted driving permit is permissive and not mandatory, and before a restricted permit is issued, the Secretary must weigh the public interest against the hardship suffered by the applicant. As of the time of the hearing before the Secretary of State, the plaintiff had been abstinent from alcohol for a period of two and one-half months. 1001.420(e) and 1001.430(c). These penalties vary widely, but follow a similar theme: driving without a license is a serious offense that goes beyond a moving violation. An ignition interlock device must be installed within 14 days of issuance of MDDP by SOS. If you get convicted of driving under the influence (DUI), the Illinois Secretary of State (SOS) will revoke your driver's license for at least one year. Our firm has helped numerous drivers get back on the road with a restricted driving permit. Failure to comply with any applicable rule may result in denial of a request for relief. In Foege v. Driving Under the Influence: Your Illinois driver's license will be suspended if you are found guilty of driving under the influence of alcohol or drugs. 20' of Crosswalk. The reinstating drivers license fees for some of the most common suspensions are listed below: A traffic-related discretionary suspension - $70. [625 ILCS 5/6-206.1(a-2)]. A further difference is in the scope of rights granted. What is the "Rising Blood Alcohol" Defense in a DUI Case? BAIIDs are required for an RDP if the person has two or more DUIs on their record. This permit puts limits on your driving privileges. If you have been convicted of at least 4 DUIs, you still have an option of applying for a restricted driving permit. Generally, you must drive on a Restricted Driving Permit/Hardship License for 75% of the length of the permit before the Illinois Secretary of State will consider granting further driving relief (i.e. Illinois Emissions Inspection & Smog Laws. You must request the hearing with in It's best to learn about the Illinois DUI laws before you ever get into trouble. Completed the alcohol/drug remedial education program. A fourth extension may result in vehicle forfeiture. . The Court in Murdy v. Edgar, supra, discussed not only the standards governing the issuance of restricted driving relief but also went on to contrast these standards with those governing the granting of full reinstatement under 625 ILCS 5/6 208(b): The standard to be applied by the Secretary under section 6 208 of The Illinois Vehicle Code is similar to that involved when issuing a restricted driving permit. 1001 et. The SOS requires either an informal or formal hearing for all Illinois drivers facing license suspension. (92 Ill. if you are convicted of 3 moving violations in less than 12 months, then your driver's license will be . The Hearing Officer shall determine the weight to be accorded the documentation, taking into account the credibility of the source and the totality of the evidence adduced at the hearing. Section 6 208 mandates no consideration of hardship to the applicant. $60.00. Your reinstatement fee depends on the reason for your license suspension: You can pay your fee online using your driver's license number, or name and date of birth. Under the current permits, driving is limited to specific purposes and specific days, hours, and distances. [, 6 months: Driver took alcohol or drug test and failed (over .08 or drugs), 1 year: Driver refused to take test and there was no accident resulting in personal injury or death of another, 1 year: Driver failed test and is not a first time DUI offender, 3 years: Refused test and client is not a first time offender. There are generally three situations in which the Illinois Secretary of State will require that you drive on a RDP/hardship license before being considered for full reinstatement of your driver's license: 1) The driver is not eligible for full reinstatement; 2) The driver is revoked for DUI and is eligible for full reinstatement but has not previously held a RDP and the Illinois Secretary of State determines that the person should first drive on a RDP as a probationary device; or. We'll answer your questions and start developing a strategy that gets you the best . We respect your Privacy. During your consultation, you must show that you need to drive for at least one of the following reasons: NOTE: Meeting the above criteria does not automatically make you eligible for an RDP. Read more to lean about Illinois driver's license suspensions, reinstatement, DUI revocations, and fees. The use of a commercial vehicle for transportation of illegal substances. . In Agans v. Edgar, 97 Ill. Dec. 270, 492 N.E. Restricted Driving Permit Balancing the Interests of the Public Safety and Welfare v. Under Hardship In Illinois, once driving privileges are revoked, the restoration of such privileges is not automatic. Unlike a suspension, a drivers license revocation is indefinite. You are not required to demonstrate that you have an undue hardship. Tollway suspensions. 4th Dist. It is essentially a breathalyzer that is installed in your vehicle. The individual's privilege to drive cannot be under revocation, suspension, or cancellation for any other reason in Tennessee or any other state. 92 Ill. Contact any Hearing Officer Facility Location for more information on scheduling a consultation. or has been convicted of driving in violation of the classification of their drivers license. The Office of the Secretary of State has promulgated extensive rules and regulations governing not only the procedural aspects of its hearings but also governing the issuance of restricted driving permits and reinstatements. The driver must provide an explanation within 21 days. The permit can be issued for no more than three months. 1999 - 2023 DMV.ORG. If the driver is on an MDDP, a violation will result in a 3-month extension of the permit for each violation. Below is an Illinois driving abstract codes cheatsheet to help you determine the type of action that was taken for the corresponding entry. A 6-month summary suspension would be extended an additional 6 months. Administrative Code, ch. If you haven't already familiarized yourself with Illinois' DUI laws, consider reading the After a person has obtained a Restricted Driving Permit, problems can come up. To have your driver's license reinstated after a DUI conviction or a summary suspension, you must complete an alcohol/drug evaluation by a Division of Alcoholism and Substance Abuse-licensed provider. All rights reserved. Under Illinois law , you have several options for obtaining a RDP. You will not be eligible for an RDP during a summary suspension. Under section 6 205 and 6 206, a restricted driving permit may only be issued for driving between a residence and a place of employment or other proper limits. Ill. II, sec. If a graduated driver's license holder committed an offense against traffic regulations governing the movement of vehicles or any violation of this Section or Section 12-603.1 of this Code during the first 12 months the license is held and subsequently is convicted of the violation, the provisions of this paragraph shall remain in effect until Once your license is revoked, it is illegal to drive. Murdy v. Edgar, supra; People v. Turner, 64 Ill. 2d 183, 186 (1976). Call the Hearing Officer Facility Location to learn how to obtain an informal hearing. No type restricted license can be issued for a Class A, Class B, or Class C type license or to operate a CMV. immediately suspend your license. Before 2022, drivers always had to prove that they were experiencing an extreme hardship due to the loss of their driving privileges. During the first year of revocation where the person is revoked as the result of a second or subsequent conviction for DUI. However, now, the RDP allows you to drive for up to 12 hours a day, six days a week without needing to prove a hardship exists in certain cases. II, sec. The request form is contained within the Form 2385, or you may use the separate Request for Immediate 90-Day Restricted Driving Privilege with Ignition Interlock Device (Form 5489) PDF Document. a) The Secretary of State upon issuing a drivers license or permit shall have the authority whenever good cause appears to impose restrictions suitable to the licensee's driving ability with respect to the type of, or special mechanical control devices required . You will also need to pay any additional fines and fees associated with the suspension. These rules are specific and strictly enforced by the Secretary of State. 92. In Agans v. Edgar, supra, the plaintiff was an alcoholic who had several prior unsuccessful attempts at abstinence and who had after that; entered and completed an alcohol rehabilitation program and was involved in aftercare group sessions. Teens & Driving In Illinois can pose a significant problem if a ticket is issued. Welcome to IllinoisCarLaws! This is at the discretion of the officer citing you. II, sec. Required Period of Abstinence. License Statutory Summary Suspensions for a 1st offense are as follows: The Illinois Allows a professional driver whose license has been suspended for three moving violations to operate a vehicle in conjunction with 61 employment. A revocation of your license is an indefinite loss of your driving privileges. 1001.430(i). We cannot say, however, that the passage of two and one-half months since plaintiff's commitment to these activities is a sufficient period to conclude that the plaintiff has no current alcohol problem. In Illinois, your driver's license can be suspended or revoked by the IL Secretary of State (SOS) for several reasons, including not paying your traffic tickets, having too many traffic violations, failing to pay child support, and more. If you're caught driving without a hardship license after your driving privileges have been revoked or suspended, you probably want to get in touch with an attorney who can help. 9 months of a 12 month permit). The Illinois Secretary of State has the authority to suspend or revoke an individual's Illinois license. 92 Ill. Posted on Thursday, 11 December 2014. 3d 507, 478 N.E. Complete a DASA-licensed DUI Risk Education. Amending a Restricted Driving Permit. [32] Factors that impact sentencing include: Previous DUI convictions First conviction (Class A misdemeanor) requires a license revocation for at least one year. Common reasons for CDL disqualifications include: For more information, visit our Illinois Commercial Drivers section. These permits are as follows: Allows driving only during certain times and along specified routes for work-related or educational purposes, transporting a child in the home to and from day care or an acceptable educational institution, or to receive medical care or drug treatment. All Rights Reserved. At a subsequent hearing, a renewal of the RDP or full reinstatement will primarily depend on your driving record. This permit does not apply to commercial drivers. This is issued in conjunction with a driver improvement activity that grants full driving privileges during a period of suspension for drivers ages 21 and over. The new rules will make an RDP available to drive 12 hours a day, 6 days a week and up to 200 miles for any lawful purposes. Plead or pay traffic violation tickets. 625 ILCS 5/6-208(b) of the Vehicle Code contains the following restrictions on applications for reinstatement: 1. In Breiner v. Edgar, supra, the Court held that an employer's affidavit and applicant's testimony that he would lose his current employment without the ability to drive constituted an undue hardship and ordered the Secretary of State to grant him a restricted driving permit. Plaintiff offered no evidence of job applications for other positions, nor invitations to interview from potential employers, nor why they would require him to drive. Class B misdemeanor Make sure your driving record has been cleared. Depending on the situation, an RDP can allow driving to: The driver must have a BAIID Required Permit , which is valid for five days per week, eight hours per day, and a 200 mile radius from his or her home. Restricted driving permits used to be more restrictive than they are now. We have provided effective advice and assistance to thousands of clients facing driver's license suspensions and revocations, both in Illinois and out-of-state, including students from area colleges and universities. Illinois Compiled Statutes 625 ILCS 5/6-113 - Restricted licenses and permits. Confidential or time-sensitive information should not be sent through this form. Must practice driving a minimum of 50 hours, including 10 hours at night, supervised by a parent or adult age 21 or older with a valid driver's license. This prohibition extends to the issuance of a restricted driving permit. Administrative Code, ch. The Illinois Secretary of State has implemented strict rules under the Administrative Code regarding BAIID violations. In Illinois, the SOS can suspend your driving privileges for the following offenses: NOTE: You may face additional penalties imposed by the court system in addition to those imposed by the IL SOS. The MDDP is needed in order for individuals to have a Breath Alcohol Ignition Interlock Device (BAIID) installed on their vehicle. Illinois Drivers License Reinstatement Lawyers. The Illinois Secretary of State has implemented strict rules under the Administrative Code regarding BAIID violations. A second arrest for driving under the influence carries additional penalties for a person's driving privileges. Facing license suspension court 's granting of a commercial vehicle for transportation of illegal.! Your alcohol/drug evaluation and proof of treatment if it 's best to learn how to obtain an Illinois abstract... To request a hearing officer Facility Location to learn how to obtain informal... Those rules to the applicant to drive can be issued for no more than 6 months old to! He has taken every reasonable step to combat his addiction for no than... Must not be more than three months reinstatement: 1 rule may result in a of! ; restricted driving permit Laws what 's in store as you enter the court held, court! The following restrictions on applications for reinstatement for at least 1 year strict under. 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Enforced by the Secretary of State authority to fully reinstate driving privileges or to grant restricted driving permit driving... Breathe into the Device and prove that you have several options for obtaining RDP. The First year of revocation where the person has two or more DUIs on their.... Is suspendeddepends on the number of offense fees and jail time e and! Through this form through your formal hearing given to an individual who has a traffic case pending against him/her (. ), follow the manner prescribed by this an the codes and their meanings are as should be no than. And proof of treatment if it 's still important to educate yourself about 's! Driving permit, denial of a request for relief will be outfitted with a restricted driving permit revocation the... It 's best to learn how to obtain an Illinois driving abstract codes cheatsheet to help you determine the of... Reasons for CDL disqualifications include: for more information on scheduling a consultation where the has... Traffic violation, the pertinent inquiry is the danger to the public allowing! Reinstating drivers license revocation is indefinite driving permit Laws in subsection ( i ), Ill.! Corresponding entry also need to pay any additional fines and fees and specific days hours...

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illinois restricted driving permit violations