 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Cosenza5/19/2005
fied by the fact that both the speedy-trial provisions and the time provision contained in section 2-118.1(b) serve to provide due-process-based time limitations for judicial proceedings to adjudicate deprivations of rights or privileges. Construing section 2-118.1(b) in this way champions the interests of both defendants and the State. Defendants retain the right to enforce a timely hearing as contemplated in the statute, and the State is guaranteed at least 30 days to prepare for the hearing once that right is asserted. Our analogy to speedy-trial principles in cases of summary suspension is designed to ensure due process for defendants while preserving the legislature's determination that the suspension of driving privileges represents an appropriate means to deter and remove "problem drivers" from the highway. See 625 ILCS 5/6-206.1 (West 2002). Furthermore, it serves to preserve the legislature's intent that the license suspension proceedings are to be swift and of limited scope. See People v. Moore, 138 Ill. 2d 162 (1990). We trust that our trial judges will be vigilant in ensuring that the hearings proceed expeditiously and are concluded within a reasonable period of time once they are timely commenced.
The facts in this case demonstrate the utility of adopting such an approach. Defendant's hearing commenced within the 30-day period, on December 2, 2002, but the parties were unable to present all of the evidence on that date. The record indicates that the trial judge, defense counsel, the prosecutor, and the arresting officer all worked together to ensure that the next court date was mutually agreeable. The record further indicates that it was defendant's attorney who suggested the December 17 date. In our view, the circuit court handled this matter in a reasonable manner and completed the hearing in a reasonable amount of time. The appellate court, therefore, incorrectly reversed the circuit court's judgment on the basis that the hearing was not completed within the time period specified under section 2-118.1(b).
CONCLUSION
The appellate court erred in reversing the judgment of the circuit court on the basis that the hearing on defendant's petition contravened the time requirements contained in section 2-118.1(b), and we reverse its judgment. We note, however, that because the appellate court resolved defendant's appeal on the timeliness issue, it did not reach defendant's second contention, that the circuit court should have rescinded the summary suspension on the basis of defendant's medical condition. We therefore remand the cause to the appellate court for consideration of that issue.
Appellate court judgment reversed; cause remanded.
Page 1 2 3 4 Illinois DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|