When Can a Summary Suspension Be Rescinded?

 Posted on January 04, 2016 in DUI/DWI

When an individual is arrested for driving under the influence of drugs or alcohol and refuses to submit to chemical testing or submits to a chemical test that reveals a blood alcohol concentration of 0.08 or higher, that individual will be subjected to a statutory summary suspension of his or her driving privileges under Illinois law. This can be a terrible situation for an individual who needs to be able to drive. If you have been subjected to a statutory summary suspension of your driver’s license in Illinois, you need to consult with a criminal defense attorney to see if there is any way for your suspension to be rescinded.

Summary suspensions can be rescinded (meaning taken back or canceled) for a number of reasons, if a petition to rescind is filed within 90 days of the service of the notice of summary suspension. A skilled DUI defense attorney can identify any potential reasons why your summary suspension should be rescinded and can help you file your petition within the statute of limitations for a rescission.

Procedural Failings

There can be a number of errors, shortcomings or failings in terms of the procedure surrounding your summary suspension that could be a grounds for rescission of your suspension. For instance:

• No hearing, no summary suspension. You are entitled to a hearing on your summary suspension within 30 days of your rescission petition filing. If your hearing is not conducted within the 30 days, your hearing has not been timely provided to you, and thus the suspension cannot stand and must be rescinded.
• When requests to admit and requests to produce go unfulfilled. The state prosecutes you in a criminal DUI case, and that means that the state is required to participate with you by answering any requests you might put forth, such as a request to admit or a request to produce evidence during discovery. When the state does not cooperate, it is a grounds for rescission of your summary suspension.
• Pleadings are deficient. Pleadings are required to contain certain elements, and must comply with certain legal requirements. When pleadings are incomplete, improper, or inconsistent with logic or chronology, they may be deficient, which warrants rescission of your summary suspension.

Violations of Your Rights

Rescission of summary suspension can be warranted if your rights were violated or denied. For example:

• Service of the notice of summary suspension is improper. You are entitled to service of the notice of your summary suspension, and if service is not proper you are being denied of your rights. This is a grounds for rescission.
• Denied your choice of chemical test. In Illinois, individuals are not provided the right to choose what kind of chemical testing they will be subjected to after being arrested for a DUI, but if the arresting officer offers you a choice, and then later denies you the testing method you selected, it can be a grounds for rescinding your summary suspension.
• Denied your right to an attorney. When facing criminal charges, you always have a right to consult with an attorney. Although you are not entitled to an attorney prior to being arrested, if you are permitted by law enforcement to consult with a lawyer, and then law enforcement tries to have you submit to chemical testing, it can be grounds for rescission of your summary suspension.
• Fourth Amendment violations. You are provided certain rights concerning search and seizure and a violation of those rights by law enforcement officials is a grounds for a suspension to be rescinded.

Reach Out to Us Today for Help

There are many reasons why your summary suspension for a DUI can be rescinded, and an experienced DUI criminal defense attorney who is familiar with Illinois case law will be able to identify any potential reasons why your summary suspension should be rescinded. Please contact a reputable Rolling Meadows DUI attorney immediately by calling (847) 394-3200. We are happy to assist you today.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501.1