The most important consequence of any first time DUI offender is the Statutory Summary Suspension. This automatic loss of license takes effect 46 days after the breath/blood/urine test results or refusal is indicated. It is difficult to win the SSS since the defendant has the burden to prove his case. However, it can be won.
At Polinske & Associates, P.C., we are well versed in all aspects of these hearings. I have personally conducted over a hundred. Many times the State is willing to rescind the SSS if the facts warrant it. I have been successful in many of the hearings. If the SSS is rescinded you will not have to pay the $250.00 reinstatement fee. You will not need the breath ignition interlock device. That alone will save you approximately $750.00 for each six months of suspension. Let us fight to preserve your license.
If you are unable to rescind the SSS we can obtain an order allowing you to drive with the BAIID (breath alcohol ignition interlock device) for most of your suspension term.
Call us today for a free confidential consultation. You won't be disappointed.
WARNING WHEN CHOOSING YOUR DUI ATTORNEY:
I sometimes review other attorney's web sites and was simply shocked that the following language was included in a Collinsville attorney who holds himself out as having 20 years experience handling DUI cases. "Breathalyzer Tests: If you refuse to take a test, you lose your case automatically and you will lose your driving privileges for six months. If you fail the test, you will lose your license for a year, but you will have the chance to fight in court. We will take a look at your unique circumstances and help you explore your options." Not only is this statement completely wrong it misstates the length of suspension applicable to both persons who submit with results in excess of .08 and those who refuse.
Let me state the law regarding SSS hearings. In Illinois a motorist faces a six (6) month suspension should he submit to a breath test with results at .08 BAC or higher (or any amount of controlled substance or cannabis). A motorist who refuses a breath test faces a twelve (12) month suspension. Most importantly is that both motorists who take or refuse the test still have a right to petition for rescission of the SSS. This means that the motorist who refuses to take a breath test does NOT automatically lose all right to contest the suspension.
Many attorneys solicit people charged with DUI. Many of those same attorneys have never conducted a SSS hearing or even a DUI jury trial. It seems that the attorney whose website stated the above has no clue how the law can help a person charged with DUI. Be careful when choosing an attorney to represent you with a DUI charge.
Recent Successes
August 2012 - St. Clair County - DUI - Mr. Koontz was charged wtih DUI after being arrested in a gas station parking lot. We were able to not only keep the DUI off his record, but obtained a full rescission of the Statutory Summary Suspension as well.
August 2012 - St. Clair County - DUI - Mr. Ferguson was arrested for DUI after a minor traffic violation. We kept the DUI off his record and also obtained a full rescission of the SSS.
August 2012 - Madison County - DUI - My client was arrested by the Alton Police for falling asleep in a fast food restaurant parking lot. We were able to obtain a rescission of the Statutory Summary Suspension due to the officer's failure to comply with its technical requirements. The DUI was kept from his record.
August 2011 - DUI/SSS Our client was stopped by the police for a traffic violation that escalated into a DUI. Although the evidence appeared strong in the State's favor we were able to negotiate an "either or" deal with the State wherein my client was able to choose either a dismissal of the DUI or a rescission of the SSS. My client opted for the first choice.
August 2011 - DUI/SSS Our client was arrested by the police after having struck a parked car so hard it knocked his own wheel completely off of the car. The arresting officer made some errors in processing him. We drew that to the attention of the prosecution and were able to negotiate a rescission of the SSS. This was important to my client as he holds a CDL. The rescission also caused the suspension of his CDL to be rescinded.
August 2011 - DUI/SSS - Our client was charged with a DUI after having been arrested by the Edwardsville Police for DUI. Although her breath results were in excess of .08 we were able to obtain a rescission of her SSS. This in part was based upon poor quality videotape evidence from the police officer's dash cam.
April 2011 - Our client was arrested for DUI by the Illinois State Police after a traffic crash occurred. Due to the failure of the arresting officer to properly collect a blood sample from my client his Statutory Summary Suspension was immediately rescinded.
January 2011. My client was arrested for DUI. We noticed the case up for the hearing. The officer was not able to convince the judge that there existed legitimate grounds to arrest my client. We were able to obtain a full rescission of her Statutory Summary Suspension.
January 2011. My client, an 8 time DUI arrestee was stopped for rolling a stop sign. The officer requested him to perform standardized field sobriety tests and submit to a breath test but my client refused. We conducted an evidentiary hearing and won on the grounds that no probable cause existed to arrest our client. The DUI and Suspension were both dismissed. He plead to rolling the stop sign and received court supervision to avoid any points against his license.
January 2011. Our client was stopped by a police officer for allegedly reckless driving. She refused the field sobriety tests and the breath tests. Because the evidence that existed was scarce we were able to convince the State to dismiss the DUI.
January 2011. Our client was charged with another DUI from the same police department. Once again the evidence was lacking and the State was unable to prove the officer had probable cause to initially arrest my client. His charges were dismissed as was his Statutory Summary Suspension.
December 2010 - Our client was charged with DUI, Possession of Cannabis and other minor charges. I reviewed the dash cam tape and it was obvious that he passed all the field sobriety tests. After negotiations I was able to secure a dismissal of both the DUI and the Statutory Summary Suspension. Accordingly, our client did not lose his license.
December 2010 - Our client was charged for DUI based upon a one car vehicle crash and prescription drugs she had taken. We demanded a rescission hearing for the Statutory Summary Suspension and were victorious. The suspension was completely dropped. She was able to negotiate the DUI and all companion charges were dismissed. By rescinding the SSS she saved approximately $1,000 in additional costs associated with the BAIID device and reinstatement fees.
September 2010 - My client was arrested by the Shiloh for DUI. The reason for the initial traffic stop was for a report that my client was operating her vehicle recklessly. The dash cam video clearly showed she was operating her vehicle in a proper manner. There was no erratic driving. After conducting a rescission hearing the Judge threw out the suspension. This would have been a three year suspension.
August 2010- My client was accused of his 2nd DUI. We tried the case. It was apparent the State's police witness was unable to testify credibly under cross examination. This serious defect cost the State the case. My client has won his statutory summary suspension previously. The end result in this case was no suspension and no DUI conviction.
June 2010 - My client was able to avoid the statutory summary suspension after a careful review of the police officer's sworn report and the dash cam evidence it became apparent that the officer had not arrested him before requesting he submit to the breathalyzer. This was his second offense DUI. The DUI was also dismissed due to lack of evidence to proceed to a trial. My client was able to avoid the mandatory three year suspension and a DUI conviction.
July 2010 - my client was arrested by the military police for DUI. We were able to negotiate a dismissal of the DUI charge. The officer misfiled the statutory summary suspension paperwork and we were able to help my client avoid the mandatory three year suspension. He paid no fines or costs either.
June 2010 - My client was arrested by Fairview Heights police department for DUI. We obtained the dash cam evidence which seriously case doubt upon the police officer's testimony and directly contradicted the facts stated in his narrative police report. The State agreed to dismiss the DUI and also to rescind the Statutory Summary Suspension.
