I have been helping drivers around the Chicago and Schaumburg areas fight DUI charges for the past 17 years. The consequences of a DUI conviction may have a big impact over your life. Defending a DUI charge is not easy; however, an experienced DUI defense lawyer will help you fight for your case and even succeed in maintaining your driving privileges.
To challenge a statutory summary suspension or statutory summary revocation and maintain your driving privileges, a driver must request a judicial hearing within 90 days after the notice of suspension or revocation. The judicial hearing must be conducted within 30 days of the request or on the first court date scheduled to review the criminal charges.
At the judicial hearing, only five issues will be considered: Whether the person was properly arrested? Whether there were reasonable grounds to believe that at the time of arrest, the person was driving or in physical control of the vehicle while under the influence of alcohol or other drugs? Whether the driver, after being informed of the impending summary suspension, refused to submit to chemical testing? Whether, after being advised of the suspension, the driver submitted to chemical testing that showed a Blood Alcohol Content of .08 or more or any trace of cannabis, controlled substance, methamphetamine and/or intoxicating compounds? Whether, in the case of a statutory summary revocation, the driver was involved in a motor vehicle crash that caused personal injury or death?
If the court rules in favor of the driver, the suspension is rescinded. However, the result of the hearing will be entered on the driver's record. For more information on how to challenge a statutory summary suspension or revocation, please contact our office.
– Posted by license reinstatement lawyer John W. Callahan
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