Filed petition to have suspension of my cdl rescinded im past the 30 day mark and my suspension goes into effect the day of my preliminary hearing for dui case i still have not had a hearing what options do i have
You may have a valid argument for rescission, so long as you have not agreed to a continuance. You should have an attorney to argue this and represent you.
You need a lawyer for the recission petition. Although your charged with a crime, the statutory summary suspension that you want to have rescinded is a civil action by nature. As a result, Public Defenders cannot represent people who cannot afford lawyers on these civil actions. They would represent you on the criminal case only.
Even if you get a not guilty on the criminal DUI charge or the State voluntarily dismisses the case, the suspension will automatically go into effect unless you have a lawyer convince the judge to stop it.
As Mr. Wallin indicates, you may be able to beat the rescission depending upon what happened after you filed the petition. It is all very technical and not capable of a fully informed answer in a forum such as this.
You need to discuss this with your attorney. Your attorney will have all of the needed information in order to answer this question. If you do not have an attorney, you should hire one right away. The sooner you hire an attorney the better.
The answer to this question is for informational purposes only and does not form an attorney-client relationship.
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