GRANTED – Petition to Rescind Statutory Summary Suspension on DUI – license re-instated
In the early part of November, at approximately 2:00 in the morning, the Glenview Police Department observed K.D.’s car stopped in a parking lot. The officers claimed the car was running with the headlights and break lights on. They approached K.D.’s car and suspected the driver had been driving under the influence. At this point, the officers removed K.D. from the car and administered several field sobriety tests. Based upon K.D.’s performance, the officers found that she was intoxicated and arrested her for DUI. Once back at the police station K.D. submitted to a breathalyzer test which resulted in a sample over the legal limit. K.D. retained Robert J. Callahan and Associates several days after her arrest. When police arrest you for driving under the influence, two separate proceedings commence. The Secretary of the State of Illinois suspends your license for one year for first time offenders. The state’s attorney also initiates criminal proceedings. Once K.D. retained Robert J. Callahan and Associates we immediately began to work on defending her in both of these actions. We filed a petition to rescind the suspension on K.D.’s behalf the very next day. Following this filing we conducted our investigation and subpoenaed all the relevant material. We set a date to contest the suspension through a hearing at the Cook County Circuit Courthouse in Skokie. When the Judge called the case, we answered ready. However, the officer was not present in court so the state was not ready. Under Illinois law, the state is required to provide a hearing to the defendant within 30 days after the filing of a petition to rescind. We prepared for this scenario and argued the relevant law to the judge. The judge agreed with our argument and granted our petition. As a result, K.D.’s license was reinstated.