Tuesday, March 9, 2010

Chicago DUI lawyer comments on defendants fighting against DUI license suspensions



This Chicago DUI lawyer has commented here, here, and here on Statutory Summary Suspensions. Statutory Summary Suspensions are issued by the Secretary of State and suspend the driver's license of all charged with a DUI (whether they are found guilty or not). The only way to avoid the suspension is to have a successful Petition to Rescind Summary Suspension.

Today, my suspicions were confirmed that folks were not just taking these suspensions lying down. I overheard a police officer this afternoon commenting he was on his second Statutory Summary Suspension hearing of the day. He shook his head in surprise that he was at court all day today in order to testify. What laid in the balance wasn't the accused's innocence or guilt. All that would be decided in the hearing is whether there would be any restrictions on the accused's ability to drive.

In today's rough economic environment the accused needs to be able to drive in order to fulfill her work and family obligations. People are protecting their rights to drive while the DUI case is pending. The irony is that it looks like the use of BAIID has backfired and instead of getting more folks to participate in the driving program fewer are choosing to do so (at least without a fight).


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