Last Monday I appeared on a DUI case I am working on at the Daley Center. My client has a 3-year Statutory Summary Suspension pending and I was able to position the case so the 3-year Statutory Summary Suspension does not take effect.
This was possible because we “beat the confirmation” from the Illinois Secretary of State. When the Chicago Police Officer arrested my client, the Chicago Police Officer is required to send to the Illinois Secretary of State a “Notice of Statutory Summary Suspension.” When the Illinois Secretary of State receives this Notice from the arresting officer, they enter the pending suspension on the driver’s driving abstract (driving record). The Illinois Secretary of State then send to both the driver and the court clerks’ office a letter entitled “Confirmation of Statutory Summary Suspension.”
In the case on Monday, the Confirmation was not in the file so the Court was unable to conduct the Statutory Summary Suspension hearing. Because I previously file the Petition to Rescind the Statutory Summary Suspension 30 days prior, and the Court was unable to provide my client a hearing with the 30 days allowed, the 3 year Statutory Summary Suspension will not apply to my client.
More specifically, when my client does get the Confirmation of Statutory Summary Suspension indicating that his license is going to be suspended for 3 years, I will motion the case before the Court, and the Court will then rescind the 3 year Statutory Summary Suspension.