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Illinois Petition to Rescind Statutory Summary Suspension

Category:
Local County - Lake - Criminal
State:
Illinois
Control #:
IL-SKU-2655
Format:
PDF
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Description

Petition to Rescind Statutory Summary Suspension

The Illinois Petition to Rescind Statutory Summary Suspension is a document filed with the Secretary of State to contest the suspension of one's driver's license due to a DUI arrest. If approved, the suspension will be rescinded and the driver will be able to keep their license. There are two types of Illinois Petition to Rescind Statutory Summary Suspension: Administrative Hearings and Judicial Review. Administrative Hearings are held before an administrative law judge to determine whether the suspension should be rescinded. During a hearing, the petitioner will need to provide evidence that the suspension should be rescinded. If the hearing is successful, the suspension will be rescinded. Judicial Review is the process of appealing the decision of the administrative law judge to a court. The petitioner must provide compelling evidence that the suspension should be reversed. If the court agrees, the suspension will be rescinded.

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FAQ

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).

Court supervision for DUI is not a conviction and, therefore, does not result in a driver's license revocation. The minimum length of revocation depends on the number of DUI convictions the person has had: First Conviction: 1-year. Second Conviction (arrest dates occurring within 20-years of each other): 5-years.

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.

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.

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.

Once all requirements have been submitted to the Secretary of State, it typically takes three to five weeks to receive the actual RDP in the mail. If you are granted full reinstatement, the requirements are not as extensive. For example, you will need to obtain SR-22 insurance and pay your reinstatement fees.

First offense ? Suspension of driving privileges for 12 months (eligible for a Monitoring Device Driving Permit). ? Second or subsequent offense within five years ? Suspension of driving priv- ileges for three years.

Meet with a formal hearing officer from the Illinois Secretary of State office. File proof of financial responsibility. Pay a $500 license reinstatement fees and an application fee. However, if you request formal hearings for driver's license reinstatement, you'll have to pay a $50 nonrefundable filing fee.

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More info

DURING THE ARREST THE OFFICER USUALLY NEVER TELLS THE ACCUSED THAT THEY HAVE a RIGHT TO a HEARING TO KEEP THEIR DRIVING PRIVILEGES. Statutory Summary Suspension Rescinded.The deadline for filing a petition to rescind is 90 days from the date of notice of suspension. The request to the circuit court shall state the grounds upon which the person seeks to have the statutory summary suspension or revocation rescinded. Anyone arrested for a DUI has 90 days to file a Petition to Rescind Statutory Summary Suspension. However, the officer was not present in court so the state was not ready. Petition To Rescind Statutory Summary Suspension Form. This is a Illinois form and can be use in Bureau Local County. Under Illinois law, the state is required to provide a hearing to the defendant within 30 days after the filing of a petition to rescind. An experienced DUI attorney can help.

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