Can I get my summary suspension rescinded in IL if the police officer forgot to sign my summary suspension receipt?

Asked 10 months ago - Niles, IL

I got a DUI two days ago. I blew a .18 and was arrested and booked. I was let go with a traffic ticket for speeding, and two DUI tickets (one for having a BAC over .16). I am going to talk to a lawyer and he mentioned I might be able to get my suspension rescinded. I looked at my summary suspension form and on the back there is a 'receipt to drive' but the arresting officer didn't fill it out at all and didn't even sign it. The text says "not valid if not signed by arresting officer" Is this something I can use in my summary suspenson hearing or am i reaching? I really need to be able to drive and I hope I can get it rescinded but I was just curious if this is something usable in court.

Attorney answers (6)

  1. Ted Harvatin

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . I think it's one thing to say the notice of suspension is defective but different to say that not signing the receipt on the back is defective. That receipt is what you drive on until the suspension takes affect (it is like driving on a ticket). I guess it's worth a shot but I would not get my hopes up, pending research.

  2. Matthew R. Gebhardt

    Contributor Level 13

    8

    Lawyers agree

    Answered . Possibly. You should consult with an attorney as soon as possible. There are statutory time lines for filing the petition that can be used to your advantage as well. For more information, please feel free to view our blog for Niles DUI’s at:

    http://www.illinois-defenseattorney.com/cookcou...
    and

    http://www.illinois-defenseattorney.com/cookcou...



    Due to the serious nature of these charges, it is imperative that you consult with an attorney. Most criminal defense firms, including ours, will give you a one time no charge consultation.

    Law Offices of Matthew R Gebhardt, P.C.
    555 Skokie Blvd.
    Suite 500
    Northbrook IL 60062
    (847) 239-4703
    mrglaw@sbcglobal.net
    www.illinois-defenseattorney.com

  3. Steven Andrew Kozicki

    Contributor Level 11

    8

    Lawyers agree

    Answered . Absolutely. I have won many on similar issues. They have to be in compliance with the statute when filed. The problem on some of these is that the original that is filed is the controlling document. Sometimes the carbon doesn't go through. However the requirements of the filing are hyper technical and need to be complied with. I have won on missing dates, times, signatures, passage of time before the hearing attributable to the State. I'm in Park Ridge, let me know if I can help.

  4. Daniel G. Galivan

    Contributor Level 17

    5

    Lawyers agree

    Answered . Sometimes the police get sloppy in completing the paperwork. Certain defects in the Notice of Summary Suspension can be raised at a hearing on a Petition to Rescind. Failure to sign the receipt to drive does not constitute such a defect but may be indicative of other errors that can be exploited to your benefit. Consult an experienced criminal defense/DUI attorney. Most of us provide free consultations. www.galivanlaw.net

  5. Alexander M. Ivakhnenko

    Contributor Level 20

    4

    Lawyers agree

    Answered . Not a huge mistake, usually.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  6. Brian L. Polinske

    Pro

    Contributor Level 10

    3

    Lawyers agree

    Answered . The simple answer is no. This is what the court's construe to be a scrivener's error. The portion of the page that you are referring to is not even a necessary portion of the SSS. In reality you don't even need that portion of the page to drive prior to the SSS start date. You can show the officer that paper if you desire coupled with any of your citations and that would suffice. I have never had a client call me to advise they had received a new ticket because they didn't have a license (when awaiting resolution on a DUI).

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