THREE YEAR STATUTORY SUMMARY SUSPENSION RESCINDED BASED ON DEFECTIVE SWORN REPORT
On March 24, 2010 in the Skokie courthouse (2nd Municipal District), in the matter of People of the State of Illinois v. M.R., the judge granted Sheppard & Associates’ Petition to Rescind a three year Statutory Summary Suspension of the defendant’s driving privileges. The suspension was generated based on the defendant’s refusal to submit to chemical testing following her arrest for Driving Under the Influence of prescription drugs. The Notice of Summary Suspension – the law enforcement sworn report that causes the suspension to be issued by the Secretary of State - failed to list the date and time that the chemical test was offered and also failed to identify the officer’s reasonable grounds for the defendant’s arrest. Sheppard and Associates filed a Memorandum of Law in support of the defendant’s Petition to Rescind and presented oral argument on the issue. The thrust of the argument was that the defects in the Notice of Summary Suspension prejudiced the defendant’s ability to contest the grounds for her suspension. The judge agreed and rescinded the three year Statutory Summary Suspension of the defendant’s driving privileges.
