 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Bywater6/1/2005
nia Financial Group, Inc., 323 Ill. App. 3d 58, 63 (2001) (four additional days given to party seeking to join appeal, when joining party received notice of appeal via mail)). Given the classification of summary suspension hearings as civil, we see no reason to treat petitions to rescind summary suspensions differently.
As mentioned above, both this court and our supreme court have concluded that notice to the State is a necessary antecedent in setting summary suspension hearings. See Schaefer, 154 Ill. 2d at 261; O'Neil, 329 Ill. App. 3d at 217. Based on this position, we cannot conclude that the date of filing a petition to rescind, irrespective of the date that service on the State is complete, begins the running of the 30-day period in which a summary suspension hearing must be held. To hold otherwise would improperly burden the State's obligation to set a timely hearing date.
III. CONCLUSION
In conclusion, we hold that circuit court rule 34.05(b) is invalid because it is inconsistent with section 2--118.1(b) of the Code and places an additional burden on defendants who wish to challenge their summary suspensions. Moreover, we hold that, pursuant to Rule 12(c), mailing notice of a petition to rescind to the State tolls the 30 days in which a defendant seeking to rescind a summary suspension is entitled to a hearing.
For these reasons, the judgment of the circuit court of Kane County is affirmed.
Affirmed.
McLAREN and GROMETER, JJ., concur.
|