Written by attorney Omer Jaleel

Petition to Rescind Statutory Summary Suspension

Consent to chemical testing or testing of blood, breath, or urine for the purpose of determining the content of alcohol, other drug or drugs, or intoxicating compound is given by driving or being in actual physical control of a motor vehicle on any public road within the State of Illinois. All that is required is that a police officer has probable cause to believe that a driver is under the influence. Failure to submit to the testing requested by the police officer will result in a suspension of the person's driver's license on the 46th day after being provided the notice of statutory summary suspension.

Within 90 days after being served notice of the statutory summary suspension, the person may make a written request for a judicial hearing in the circuit court with proper venue seeking to have the suspension rescinded. The hearing on the petition to rescind will be conducted within 30 days after receipt of the request for a hearing or the first court date.

At the hearing on the petition to rescind, there are only four grounds that the driver may proceed upon:

1) Whether the person was placed under arrest for a DUI as evidenced by the issuance of a Uniform Traffic Ticket.

2) Whether the police officer had reasonable grounds to believe that the person was driving or in actual physical control of a motor vehicle upon a highway while under the influence of alcohol, other drug, or combination of both.

3) Whether the police officer properly warned the driver of the consequences for refusing to submit to the testing requested by the officer and the consequences of submitting a sample over the legal limit.

4) Whether the driver did submit to the testing requested by the police officer and the testing revealed an alcohol concentration below the legal limit.

The petition to rescind summary suspension may be conducted upon a review of the police officer's own official reports without the officer actually testifying. Moreover, the filing of the petition to rescind will not stay or delay the statutory summary suspension. Finally, the hearings on a petition to rescind are conducted in the same manner as in other civil proceedings.

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