OVERTURNING YOUR DRIVER’S LICENSE SUSPENSION BASED ON THE UNDERLYING TRAFFIC STOP

Once you are arrested for DUI, the Secretary of State usually suspends your driver’s license for at least six months beginning on the 46^th day after your arrest.  Your attorney may file a petition to rescind or overturn that suspension.  In some cases, the sooner an attorney can file that petition, the better your chance of winning.

Your suspension can only be attacked on certain grounds.  One ground is the propriety of the underlying traffic offense.  In other words, an officer needs probable cause to stop you, which may be that you violated a traffic law.  But what if you didn’t really break that law?

For example, in People v. Araiza, the defendant was stopped for failing to make a left turn when the green turn arrow appeared. Under Illinois law (625 ILCS 11-306(a)(2)), a motorist facing a green arrow signal may cautiously enter the intersection to make the turn. The law does not require the driver to do so within a specified time and requires that the driver yield the right of way to pedestrians and other traffic lawfully within the intersection.   The defendant in this case waited eight seconds including four when the intersection was not clear. The court held that the defendant had not violated the law. Thus, the defendant’s petition to overturn her suspension should be granted.

Note that winning the petition to rescind does not automatically dismiss your DUI.  The Secretary of State and the court are on two separate tracks, so it is possible to win the petition and lose the trial, or vice versa.

If you have been charged with DUI or similar offense, contact an experienced attorney immediately. An attorney can review your case for its best possible defense.  Did the police have probable cause to stop you?  Is there another way to overturn your suspension?  If so, an attorney can file a petition in hopes you can keep driving.

If you have questions about this or another related Illinois DUI or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)