Thursday, August 19, 2010

Chicago DUI attorney says you can't drive the day you win your Statutory Summary Suspension hearing

This Chicago DUI attorney has posted here and here about Statutory Summary Suspensions.
A Statutory Summary Suspension is tied specifically to a DUI arrest in Illinois.  There are license suspensions, based solely on the DUI arrest, for those charged.  It doesn’t matter if you submit to chemical testing or not.  By law, your license will be suspended for at least six months (there are a bunch of conditions on that) and the length of suspension goes up from there. 


So what do you do about that suspension?
1)     You hire a knowledgeable DUI attorney who can best protect your driving privileges while the criminal case is pending.
2)     You have 90 days from the date of the DUI arrest to file what’s known as a Petition to Rescind Statutory Summary Suspension.
3)     You have a right to a hearing on the Statutory Summary Suspension within 30 days of filing the Petition to Rescind.
4)     When you win your Petition to Rescind Statutory Summary Suspension, you still can’t drive.

That’s right, even once you win a Petition to Rescind you cannot immediately start driving.  You can’t drive until the Secretary of State lifts the Statutory Summary Suspension and just like everything else that goes through a bureaucratic process that can take time.  In the meantime, even though you’ve won the legal right to your driving privileges please don’t drive until the Secretary of State has provided you with clearance to do so.








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Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973

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Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973