This hearing will take place if the defense lawyers files a Petition to Rescind the Statutory Summary Suspension: (1) That the defendant was not properly placed under arrest for DUI as evidenced by the issuance of a Uniform Traffic Ticket or other form of charge, (2) the arresting officer did not have reasonable grounds to believe the defendant was driving or in actual control of a motor vehicle while under the influence of alcohol and/or other drugs, or a combination thereof, (3) the defendant was not properly warned by the arresting officer of the law related to the consequences of refusing to take breath, blood, and urine tests, (4) the defendant did not refuse the submit or complete the required chemical tests, and (5) the defendant submitted to the requested chemical tests, but the test sample of their blood alcohol concentration did not indicate a blood alcohol concentration of 0.08 or more.
Full Answer
The petition may be filed by mail with the Clerk of the Circuit Court addressed only to the office in the Municipal District of venue as provided in paragraph (D) below.
The date of actual receipt by the Clerk of the Circuit Court as documented by its filing stamp shall constitute the date of filing.
The petition may be filed by mail with the Clerk of the Circuit Court addressed only to the office in the Municipal District of venue as provided in paragraph (D) below.
The date of actual receipt by the Clerk of the Circuit Court as documented by its filing stamp shall constitute the date of filing.
A Statutory Summary Suspension is an administrative action taken by the Secretary of State’s Office against a person’s driving privileges.
A Statutory Summary Suspension relates to the implied consent law in Illinois , which requires that anyone who is in actual physical control of or driving a motor vehicle to provide a sample of breath, blood, or urine if asked to do so by a police officer.
When a person is arrested for Driving while Under the Influence (DUI) in Illinois, a Statutory Summary Suspension of that person’s license will follow. This article will explain the process of rescinding that Statutory Summary Suspension.
Additionally, the petition must be filed within 90 days of the notice of suspension being filed by the Secretary of State’s Office. However, Appellate Courts in Illinois have held that although the Secretary of State had not filed confirmation of the Statutory Summary Suspension, a petition seeking rescission of a Statutory Summary Suspension could ...
Believe it or not, a Statutory Summary Suspension is separate and civil from the criminal DUI case. For instance, a person may be found not guilty of the DUI, but could still have his or her license suspended for refusing to submit to testing or by failing chemical testing (A person can fail chemical testing when he or she has an alcohol content in his or her breath, blood, or urine at or above 0.08, or has 5 ng/ml of blood for THC or higher, or any amount of a controlled substance in his or her system, or any combination thereof).