When we are hired on a new DUI case, the first thing we do is file a petition to rescind statutory summary suspension. It is done within hours of being retained. It doesn’t matter if the client blew in a breathalyzer, failed field sobriety tests, or was extremely intoxicated. A tactical advantage is gained by doing so.
In TL’s case, he had blown a high breathalyzer test result and performed poorly on standardized field sobriety tests. When our Petition was filed it we noticed that the Secretary of State had not yet “confirmed” the license suspension.
Therefore, under the law of the State of Illinois the State’s Attorney had 30 days to give TL a hearing on his petition or the suspension would be rescinded. TL’s case was set for a hearing and we carefully monitored his driver’s license abstract. On the day of our hearing, the suspension still hadn’t been confirmed! We advised the court of the law, and TL’s license was re-instated.
It’s always a plus when we can pull these off. It saves our client the huge headache of a 6-12 month (or longer) license suspension and the costly fees associated with a monitoring device driving permit.