An Illinois Petition To Rescind Statutory Summary Suspension is a legal document that is used to challenge an Illinois driver's license suspension issued by the Secretary of State resulting from a DUI or other traffic offense. This document allows the driver to request a hearing with the Secretary of State to present evidence and arguments to try and prevent the suspension from taking effect. There are two types of Illinois Petition To Rescind Statutory Summary Suspension: an Administrative Hearing Request and a Judicial Hearing Request. The Administrative Hearing Request is filed with the Secretary of State and is available to drivers who are contesting the suspension on the grounds that there was an error in the process or that the driver was not properly notified of the suspension. The Judicial Hearing Request is filed with the Circuit Court in the county where the traffic offense occurred and is available to drivers who are contesting the suspension on the grounds that the traffic offense was either not committed or that the driver was not the one who committed the offense.
Illinois Petition To Rescind Statutory Summary Suspension
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How to fill out Illinois Petition To Rescind Statutory Summary Suspension?
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FAQ
To have driving privileges reinstated, a driver convicted of DUI must: Have a clear driving record. Undergo an alcohol/drug evaluation.Complete an alcohol/drug remedial education program.Appear before a Secretary of State hearing officer.
The suspension is summary because it is immediate. Your driver's license will be suspended on the 46th day after notice of the suspension without any hearing whatsoever. The only way to challenge the suspension is to file a petition to rescind in the circuit court of venue.
Statute of limitations: To contest a summary suspension, a petition to rescind must be filed in the circuit court of venue within 90 days of the service of the notice of summary suspension. 625 ILCS 5/2-118.1(b).
Illinois DUI Law 625 ILCS 5/11-501(a)(1) (1) the alcohol concentration in the person's blood, other bodily substance, or breath is 0.08 or more based on the definition of blood and breath units in Section 11-501.2; The components, or elements of the offense as lawyers refer to them, can be broken down further.
The summary suspension is a civil penalty and is separate from the criminal offense of DUI. A first offender who fails chemical testing will have a summary suspension for 6 months, while a first offender who refuses will be suspended for 12 months.
If the defendant testifies that they were not under the influence, then the prosecution must rebut that evidence with the results of the chemical test. If the prosecution cannot lay a proper foundation for admitting the result of the breathalyzer into evidence, then you will likely beat your summary suspension.
Section 11-501.1 of the Illinois Vehicle Code, commonly called the "implied-consent law," prohibits operation of a vehicle anywhere in the state by individuals under the influence of alcohol or drugs.
Illinois has an implied consent law that requires drivers who are arrested for DUI to submit to a chemical test. If you refuse the test, you face a statutory summary suspension of 12 months for a first offense.