Without taking immediate action your driver’s license will be suspended.
First, the “Statutory Summary Suspension” is the automatic suspension of your Illinois Driver’s License 46 days after you are arrested for DUI. In other words, in 46 days from the date of your arrest your Illinois driver’s license will be suspended for a period from 6 months to 3 years.
Is it possible to stop the suspension of your Illinois driver’s license?
It is possible to stop this suspension from taking effect, however, quick action is necessary. The first step to stop the suspension is to file a “Petition to Rescind the Statutory Summary Suspension.” This document is filed by myself as your attorney and it requests that a judge review if the license suspension is justified. Once this document is filed, the court has 30 days to provide you a hearing to review the suspension.
Why would a court throw out the license suspension?
There are many reasons a court might throw out the driver’s license suspension, or in other words, rescind the Statutory Summary Suspension. At the license suspension hearing the police officer is the only one that will usually testify and by the use the police officer’s reports and testimony a court may decide that the officer did not have enough reason to believe you were under the influence. There are approximately 15 additional reasons a judge may stop the license suspension. As an attorney, I fight each license suspension.
If my driver’s license suspension is not thrown out, can I still drive?
Yes, you will be able to drive during your driver’s license suspension however you will need to request and obtain a BAIID Permit.
What is a BAIID Permit?
BAIID stands for “Breath Alcohol Ignition Interlock Device.” It is basically an alcohol breath machine that is installed in your car. You will need to blow into it each time prior to starting your car and at various times as you drive. The more you know about the BAIID device the more you will want to fight the pending license suspension.
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