Can I Challenge a Statutory Summary Suspension in Illinois? Combs Waterkotte attorney Joshua Boardman discusses everything you need to know about Illinois DUI criminal charges, including first-time DUI, second DUI, Illinois DUI laws, DUI defense strategies, CDL DUI charges, and more.
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Interview Transcript
Scott Michael Dunn: Can I challenge a statutory summary suspension, an SSS, in Illinois?
Joshua Boardman: Yes, and that is one of our strategies that we often do. So, what we file in our office is a petition to rescind that statutory summary suspension. And that petition will be heard in front of the judge. And so in that petition, the allegations or the supporting evidence that we present on behalf of our client at those hearings would be evidentiary issues with the stop, different things like that. And sometimes, and it’s typically a point of negotiation or leverage, the state’s attorney will confess those petitions and tell the judge, “Hey, we’re confessing that petition to rescind. We’re in agreement that the statutory summary suspension should be rescinded and then that’ll be sent to the Secretary of State’s office. And oftentimes you’ll see that for first-time DUI recipients where there’s not a significant history of you violating the statutes while driving. Someone with a clean driving record tends to get a friendly bounce more often.
Dunn: It’s better when you’re not a repeat offender.
Boardman: Exactly.
