Note: This article was updated to reflect 2020 changes in Illinois law regarding statutory summary suspensions and driving under the influence of alcohol. The changes are effective as of January 1, 2020. A statutory summary suspension is an administrative action taken by the Secretary of State on a person’s Illinois driving privileges. If, during an […]
petition to rescind
In the year 2017, driving under the influence remains one of the most highly politicized offenses in Illinois courts. There is no offense that will get a prosecutor fired quicker for giving a good deal than DUI. In these cases, Assistant State’s Attorneys are always wary of how it will look after they give the […]
One issue from an arrest for driving under the influence that is confusing is the difference between the summary suspension and the criminal offense of DUI. Many people believe that if you are found not guilty of DUI, then your driver’s license will not be suspended. This is not true. Unfortunately, the law on DUI […]
Each year, the Secretary of State releases a DUI Fact Book explaining the law and number of arrests for driving under the influence in Illinois. The Secretary compares these figures for each county, as well as year-over-year. The Secretary also tracks the reasons why statutory summary suspensions are rescinded. For instance, a record is made […]
If the defendant prevails in the hearing on the petition to rescind statutory summary suspension, the judge will sign an order directing the Secretary of State to rescind the suspension. The clerk in that courtroom will follow up with the Secretary of State after the court call has concluded. But this takes time. The clerk […]
Every arrest for driving under the influence has two consequences: first, the suspension of driving privileges, and second, the criminal offense of DUI. The driver’s license suspension operates on a time table, whereas the criminal offense does not. A person who is arrested for DUI will have his driving privileges suspended pursuant to a statutory […]
