SAVING YOUR DRIVER’S LICENSE: THE ILLINOIS PETITION TO RESCIND

When you are arrested for DUI, the Secretary of State automatically suspends your driver’s license for a certain time period. However, you may still try to challenge the suspension so you may drive.

If you challenge the suspension, your attorney would file a petition to rescind the summary statutory suspension. It is important to understand that the petition to rescind is a civil proceeding. That means even if you win, the criminal DUI case will still move forward, but at least you’ll be able to drive without the expense and embarrassment of blowing into a Breath Activated Ignition Interlock Device to start your car.

In a petition to rescind, the burden of proof is on you to show by a preponderance of the evidence that your suspension should be overturned. One basis for the petition is that the officer did not have reasonable grounds to believe you were driving while impaired. Or perhaps the officer did not give you adequate warnings before you took the breathalyzer.

The court may look at: 1) Whether you were placed under arrest for an offense as defined in the DUI statute; 2) whether the officer had reasonable grounds to believe you were driving upon a highway while under the influence of alcohol; and 3) whether you refused to submit to field sobriety tests and/or a breathalyzer after being advised that your license would be suspended or revoked if you did so.

If you are charged with DUI or a similar offense, contact an experienced attorney immediately. An attorney may be able to petition the court to throw out your suspension as well as review your case for its best possible defense. In some instances, the prosecution may agree to rescind a suspension in exchange for a plea of guilty. Even if the evidence is overwhelming and your arrest was done legally, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

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

Source: People v Motzko.

(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.)