Petition to Rescind GRANTED without a hearing
MV v. State of Illinois
MV was arrested for driving under the influence on February 3, 2012. On February 21, 2012 our office filed a Petition to Rescind the Statutory Summary Suspension. On the first court date of March 19, 2012 we answered ready for a hearing on the petition. A review of the notice of summary suspension within the court file along with a review of the Warnings to Motorist showed that the officer indicated that the offender refused the breathe test over an hour before he was allegedly read the warnings. Based on this issue, the State agreed to rescind the statutory summary suspension. (The case was also dismissed.) A very strong reminder that a review of all of the relevant paperwork before the hearing is of the utmost importance.