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 If the petition is successful, the suspension of the driver’s license is rescinded.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 If the petition is successful, the suspension of the driver’s license is rescinded.
Illinois Petition to Rescind Statutory Summary Suspension
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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.
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 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.
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 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.
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.
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.
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.