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Chances Of Winning Petition To Rescind

Category:
Illinois Local County - Dekalb - Small Claims
State:
Illinois
Control #:
IL-SKU-2127
Format:
PDF
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Description

Petition to Rescind Statutory Summary Suspension An Illinois Petition to Rescind Statutory Summary Suspension is a legal document filed in the Circuit Court of the county in which the driver was arrested, to challenge the suspension of a driver’s license due to a DUI or other alcohol or drug-related offense. There are two types of Illinois Petition to Rescind Statutory Summary Suspension: a First Offender Petition and a Second Offender Petition. A First Offender Petition is used when the driver has not been arrested for an alcohol or drug-related offense within the past five years. The driver must present evidence that he/she was not under the influence of alcohol or any other intoxicating substance at the time of the arrest. If the petition is successful, the suspension of the driver’s license is rescinded. A Second Offender Petition is used when the driver has been arrested for a DUI or other alcohol or drug-related offense within the past five years. The driver must present evidence that the suspension of the license was the result of an illegal arrest or some other form of police misconduct. If the petition is successful, the suspension of the driver’s license is rescinded.

An Illinois Petition to Rescind Statutory Summary Suspension is a legal document filed in the Circuit Court of the county in which the driver was arrested, to challenge the suspension of a driver’s license due to a DUI or other alcohol or drug-related offense. There are two types of Illinois Petition to Rescind Statutory Summary Suspension: a First Offender Petition and a Second Offender Petition. A First Offender Petition is used when the driver has not been arrested for an alcohol or drug-related offense within the past five years. The driver must present evidence that he/she was not under the influence of alcohol or any other intoxicating substance at the time of the arrest. If the petition is successful, the suspension of the driver’s license is rescinded. A Second Offender Petition is used when the driver has been arrested for a DUI or other alcohol or drug-related offense within the past five years. The driver must present evidence that the suspension of the license was the result of an illegal arrest or some other form of police misconduct. If the petition is successful, the suspension of the driver’s license is rescinded.

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