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2/23/2005 - Posted by:
Law Offices of Steven R. Hunter
Phone: (312) 466-9466
Fax: (312) 993-1554
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Client blew over .2 and walked when I detected technicality...

Client was stopped for DUI and blew over .2 and was issued a ticket. He failed all physical tests completely. The evidence against him was overwhelming.

After I reviewed the ticket, I noticed the date on the ticket is wrong. The incident had taken place in December of 2003 and the hearing was scheduled on Jan 2004. But on the ticket, the hearing date was Jan 2003. I Immediately advised the client to sit tight and do nothing for the statute to run. Under Illinois law, Supreme Court Rule 504, the state must have a hearing within 45 days of ticketing, and your summary suspension must be within 30 days.

After the 45 days had run, I filed a motion to dismiss the DUI and a filed a petition to rescind the summary suspension. Both were granted and the client walked. 

 
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