A “Confirmation of Statutory Summary Suspension” is the notice the Secretary of State will send to you to notify you that your license will be suspended. The confirmation also gives the Judge on your case jurisdiction (authority) to hear a Petition to Rescind the Statutory Summary Suspension.
This document is important because it informs you of the exact date and time your driver’s license will be suspended and notifies you of the provisional reinstatement date, (the date you can start driving again, if you pay the reinstatement fee ($250.00 for a first time DUI, $500.00 for a second/third DUI).
One way I try to save a client’s license is by filing a Petition to Rescind the Statutory Summary Suspension. When I file a Petition to Rescind the Statutory Summary Suspension the Court has to provide you a hearing within 30 days of the date of filing or the first court date (whichever is later). If the Confirmation of Statutory Summary Suspension is not on record with the court the Court cannot conduct the hearing on your Petition. This means that when the Confirmation finally is issued and your notified that your driver’s license is going to be suspended, we can have the Statutory Summary Suspension rescinded because the Court failed to provide you with a hearing within the time allowed.
It has become more difficult to have a Statutory Summary Suspension rescinded based upon “beating the Confirmation” because courts are allowing a computer printout of the Confirmation and ever allowing the prosecutor to contact the Illinois Secretary of State to determine if a suspension is pending on your driver’s license based upon the DUI. Although it has become harder, it is still worth trying because I often have a Statutory Summary Suspension rescinded based upon the Confirmation not being processed in a timely manner.
