In the much publicized case of People of the State of Illinois v. B.S.,pending in the Skokie courthouse (2nd Municipal District), the statutory summary suspension of a school bus driver’s privileges was rescinded.  The suspension had been issued on the basis that the drugs, Tramadol and Diphenhydramine, were allegedly detected in the defendant’s urine following his arrest for DUI.   Sheppard and Associates filed a Memorandum of Law in Support of a Petition to Rescind arguing that the suspension should be rescinded because the drugs in question were not identified as “controlled substances” under the Illinois Controlled Substances Act.  (Section 2-118.1(b) of the Illinois Vehicle Code provides that a summary suspension may be contested on grounds that the person submitted to a chemical test which did not disclose a substance prohibited by the Illinois Controlled Substance Act.).   The state argued for an expansive interpretation of the summary suspension statute, submitting  that a summary suspension should be justified whenever a driver tests positive for a drug that could have impaired his ability to drive (regardless of whether the drug was a “controlled substance”).    Over the state’s strenuous objection, the judge granted Sheppard & Associates’ Petition to Rescind the statutory summary suspension of the bus driver’s driving privileges.