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How do you rescind a summary suspension in Illinois?
Statute of limitations: To contest a summary suspension, a petition to rescind must be filed in the circuit court of venue within 90 days of the service of the notice of summary suspension. 625 ILCS 5/2-118.1(b). Burden of proof: The burden of proof at a summary suspension hearing rests upon the petitioner.
What is the statutory summary suspension of Illinois?
A statutory summary suspension or revocation provides for the automatic suspension or revocation of driving privileges in Illinois when a driver is arrested for DUI and then fails, refuses to submit to, or fails to complete chemical testing.
What does suspension rescinded mean?
: to take back and make void. rescinded its suspension of his license.
What does summary suspension mean?
Summary suspension means the immediate suspension of either a facilitys license or program-specific certification or both by the department pending administrative proceedings for suspen- sion, revocation, or other actions deemed necessary by the department.
What is a petition to rescind in Illinois?
Pursuant to the due process clauses of the US and Illinois constitutions, one facing a statutory summary suspension must be given a chance in court to defeat the premise that he or she has violated its terms. This is done with what is called a petition to rescind (s PTR).
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What is the statute of summary suspension in Illinois?
What is an Illinois Statutory Summary Suspension or Revocation? A statutory summary suspension or revocation provides for the automatic suspension or revocation of driving privileges in Illinois when a driver is arrested for DUI and then fails, refuses to submit to, or fails to complete chemical testing.
How do I get my license unsuspended in Illinois?
The hearing officer considers the seriousness of the offense, the offenders overall driving record and the drivers remedial efforts. File proof of financial responsibility prior to reinstatement, pay $500 reinstatement fee, pass the drivers license exam (written, vision and driving) and pay application fee.
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THE ADMINISTRATIVE HEARING PROCESS
Statutory Summary Suspension requires implied consent to take chemical test upon request. Civil Process affects only driving privileges.
(a) A statutory summary suspension or revocation of driving privileges under Section 11-501.1 shall not become effective until the person is notified in
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