If the report is not filed in time for the discovery on the first court date what happens? Also if the petition to rescind has a hearing scheduled for that same day what happens to the summary suspension? Dui
If by "the report" you are simply referring to the police reports, there is no set rule on when they are "filed" but the state must comply with all discovery requests within a reasonable time. It is not uncommon that, for one reason or another, the state does not have all the reports on the first court date. Regarding the summary suspension, the state must give you a hearing within 30 days of the date on which your petition to rescind was filed. If they do not, it is rescinded; unless you (or your lawyer) requested or agreed to the delay in holding the hearing. Hopefully you have a lawyer who should have answered this for you. www.galivanlaw.net
I am not aware of a time limit to file a police report. Officers are able to file "supplemental reports" as an addendum to the initial report. I have had cases where new information is given to us very late in the course of representing a defendant. When the discovery is given to the party late, the normal remedy that the court provides is giving the responding party more time to prepare. Good luck with your DUI case. I would strongly recommend that you get an attorney on board who handles DUI defense. There are time limits to file a petition to rescind a statutory summary suspension, don't delay.
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