Legal Question in DUI Law in Illinois

Petition to rescind statutory summary suspension

The petition to rescind was filed and received 40 days before the first ticket hearing. The prosecutor had the petition but not the summary suspension notice and so could not present his case. Doesn't this violate my right to a timely hearing? (The later of 30 days or first hearing date in Illinois.) My bench trial is months away. Can I file to rescind the suspension now on this basis?


Asked on 1/21/08, 4:24 am

3 Answers from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: Petition to rescind statutory summary suspension

If the sworn report of the officer is not on file within 30 days you should win the summary suspension part of the case. Please call for a free consultation.

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Answered on 1/21/08, 1:56 pm
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: Petition to rescind statutory summary suspension

If the sworn report of the officer is not on file within 30 days you should win the summary suspension part of the case. Please call for a free consultation.

Read more
Answered on 1/21/08, 1:56 pm
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: Petition to rescind statutory summary suspension

If the sworn report of the officer is not on file within 30 days you should win the summary suspension part of the case. Please call for a free consultation.

Read more
Answered on 1/21/08, 1:57 pm


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