11.1 Petitions to Rescind Statutory Summary Suspension: Method and Place of Filing Notice to the Prosecutor and Setting Hearing Dates


This Circuit Court rule governs Petitions to Rescind Statutory Summary Suspensions (625 ILCS 5/2-118.1) and shall be effective in all Municipal District of the Circuit Court of Cook County.

(A) Place and Method of Filing
(i)Mailing

The petition may be filed by mail with the Clerk of the Circuit Court addressed only to the office in the Municipal District of venue as provided in paragraph (D) below.

(ii) In Person
(a) Prior to the First Appearance Date

If the petition is filed prior to the first appearance date on the Uniform Traffic Citation issued pursuant to the accompanying violation of 625 ILCS 5/11-501 or a similar provision of a local ordinance ("the accompanying DUI charge") it may be filed in the office in any Municipal District designated by the Clerk of he Circuit Court to accept such filings.
(b) Subsequent to the First Appearance Date

If the petition is filed subsequent to the first appearance date as defined in paragraph (A)(ii)(a) above, it must be filed in the Office of the Clerk of the Circuit Court in the Municipal District of venue as provided in paragraph (E) below.

(B) Date of Filing

The date of actual receipt by the Clerk of the Circuit Court as documented by its filing stamp shall constitute the date of filing.

(C) Service of Petition to Rescind Statutory Summary Suspension

The petition shall be served upon the proper prosecuting authority in accordance with Supreme Court Rule 11 no later than close of the next business day after the date of filing.

(D) Documents Required to be Filed
(i)The petition shall be accompanied by a copy of the notice of statutory summary suspension served upon the defendant pursuant to 625 ILCS 5/11-501.1 (f), or,
(ii)In absence of a copy of the notice of statutory suspension, the petition shall contain the additional following information:

1. DUI citation number, date and time set for appearance;
2. Law Enforcement Office Sworn Report Number, if available;
3. Courtroom number;
4. Defendant's name, including middle initial;
5. Defendant's address;
6. Defendant's gender;
7. Defendant's date of birth;
8. Arrest date, officer's star number and department;
9. Defendant's driver's license number and state of issuance;
10. Municipal District violation.

(iii) The petition shall also be accompanied by either a pro se appearance or, if represented by counsel, an executed attorney's appearance.

(iv) The petition shall also be accompanied by a notice of filing and certificate of service by Supreme Court Rule 12.

(E) Venue

 

The hearing on the petition shall be conducted in the Municipal District in which the accompanying DUI charge arose.

(F) Hearings
(i) If the petition is filed on or prior to the first appearance date on the Uniform Traffic Citation issued pursuant to the accompanying DUI charge, the hearing shall be set by the Clerk for the first appearance date.

(ii) If the first appearance date is more than 46 days after service of the notice of summary suspension, the petitioner may request an earlier hearing date upon proper notice of motion to the prosecuting authority pursuant to Circuit Rule 2.1.

(iii) If the petition is filed after the first appearance date as defined in paragraph (i) above, the matter shall be set for hearing on the next court date, if any, for the accompanying DUI charge unless that date is more than 30 days after the date of filing of the Petition to Rescind.

If the next date is more than 30 days, or there is no pending court date on the accompanying DUI charge, the hearing shall be set by the clerk for the date between 15-25 days from the date of said filing. The petitioner may waive the right to a hearing within 30 days by executing a waiver in writing at the time of filing, in which case the hearing shall be held on the next court date for the accompanying DUI charge or, if not date is pending, then on a date to be set by the Clerk. Petitioner shall provide notice of such waiver to the prosecuting authority.

(iv) The Clerk shall provide written notice by mail to the petitioner, petitioner's counsel (if any) and the prosecuting authority of the date, time and courtroom where the hearing will be conducted. In the event the hearing is set for a date other than the first appearance date appearing on the Uniform Traffic Ticket on the accompanying DUI charge, this written notice shall be mailed not less than five business days prior to the hearing date.

[Amended, effective February 15, 1998.]

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