When you receive a DUI in Illinois you will also receive a Statutory Summary Suspension, which is the automatic suspension of your Illinois driver’s license after 46 days. This suspension should be challenged for several reasons. First, you can save your driver’s license and second, the testimony you obtain at the hearing will benefit you at trial.
One way to prevent the Statutory Summary Suspension from taking effect is to file a Petition to Rescind the Statutory Summary Suspension as quickly as possible. Once the Petition to Rescind is filed, the State of Illinois has to provide you a hearing within 30 days (or the first court date, whichever is later) after you file the Petition.
However, before a hearing can be held, the Illinois Secretary of State has to process the arresting officer’s documents, specifically, the Notice of Statutory Summary Suspension and place notice of the suspension on your driving record. If at the time of the scheduled hearing (30 days after the filing of the Petition) the notice of the suspension is not yet on your driving record, then the State of Illinois failed to provide you with a timely hearing and the automatic license suspension will not take effect, even if the notice of suspension finally is entered on your Illinois driving license record.
This is one of many ways to prevent the automatic license suspension from taking effect after you have been arrested for DUI in Illinois.
