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Chicago Criminal Law Firm Defending Your Rights

Petitions to Rescind Summary Suspension

DURING THE ARREST THE OFFICER USUALLY NEVER TELLS THE ACCUSED THAT THEY HAVE A RIGHT TO A HEARING TO KEEP THEIR DRIVING PRIVILEGES.

All people charged with a DUI in Illinois have a right to a hearing to not have their driving privileges suspended. 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. If the defense counsel is successful during the hearing then the defendant’s driving privileges will not be suspended, or if already suspended be put back in affect.

If the petition to rescind the summary suspension is granted prior to the suspension taking affect then the person’s privileges will be reinstated once the Secretary of State gets notice of the rescission, however, if the suspension has already taken effect the accused will not be allowed to drive until the Secretary of State has received notice of the rescission and reinstated the driving privileges. In all cases where the petition to rescind is not allowed the defendant will have to wait to the end of the suspension term and then pay a reinstatement fee before their privileges are reinstated. A formal hearing is not required to reinstate driving privileges after a summary suspension if the Statutory Summary Suspension is the only factor suspending or revoking the license.

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