Rescinding a Summary Suspension After DUI Arrest

 Posted on March 19,2019 in Criminal Law

Before your case even goes to trial, Illinois can suspend your driver’s license after you are arrested on suspicion of driving under the influence. A statutory summary suspension is a civil action that the Illinois Secretary of State's office will use if a DUI suspect failed a blood alcohol concentration test or refused to take the test. You may be able to rescind your suspension if you can prove that:

• The officer did not properly place you under arrest;
• The officer failed to warn you about the consequences of refusing the test;
• The officer had no reason to believe that you were driving under the influence;
• You did not refuse the test; or
• The test results were not over the legal limit or were inaccurate.

Your suspension may be automatically rescinded if the state does not allow a hearing on your petition to rescind in a timely fashion. An Illinois appellate court recently granted a defendant’s petition to rescind for that reason.

Recent Case

In People v. Patel, the defendant has been charged with two counts of DUI and was scheduled to make his first appearance in court on Sept. 14, 2017. The defendant filed a petition to rescind his summary suspension on Aug. 14, 2017, along with a discovery request for:

• The booking room video from his arrest; and
• The records of the Breathalyzer accuracy test.

At the Sept. 14 hearing, the prosecution had not yet provided the defense with the requested evidence. The court gave the prosecution an additional week to produce the evidence. During a Sept. 21 hearing, the defendant said that his summary suspension should be immediately rescinded because he had not received a timely hearing as required by state law. The court denied his request and ordered that the hearing on his petition should continue as planned.

Reversal

An Illinois appellate court overturned the lower court’s ruling and rescinded the defendant’s summary suspension. When a defendant petitions to rescind a suspension, he or she must receive a hearing on the petition within 30 days or at the first scheduled court hearing, unless the defendant is responsible for the delay. In this case, the appellate court found that the state was responsible for delaying the hearing because it had waited until Sept. 8 to start the process of retrieving the defendant’s requested evidence. The prosecution had offered to commence with the hearing on Sept. 14, but the defense needed the evidence in order to present his case. By the time that the defense received the evidence on Sept. 21, 38 days had passed since the initial petition had been filed.

Contact a Wheaton Criminal Defense Attorney

Rescinding your summary suspension can allow you to continue driving while you await your DUI trial. A DuPage County criminal defense attorney at Stephen A. Brundage, Attorney at Law, knows how to find evidence when filing a petition to rescind your suspension. To schedule a consultation, call 630-260-9647.

Source:

http://www.illinoiscourts.gov/Opinions/AppellateCourt/2019/2ndDistrict/2170766.pdf