In Illinois, if the state charges you with driving under the influence of alcohol (DUI), your driver’s license might be summarily suspended. Defendants can petition the court to rescind the suspension of their driver’s license so that they can drive again at a Hearing before the Court or a Secretary of State Hearing.
What happens when the state does not provide a timely hearing? The Appellate Court of Illinois recently addressed this precise issue in People v. Patel, 2019 IL App (2md) DT1954.
The Facts in People v. Patel
On August 12, 2017, the state charged Nilesh Patel with two counts of driving while under the influence of alcohol. Upon posting his bond, he received an order to appear in court on September 14, 2017. On August 14, 2017, Patel petitioned to rescind the suspension of his driving privileges. Along with this petition, he served the state motions for discovery to include the booking room video and the Breathalyzer accuracy-check records for use in his upcoming hearing.
The state ordered all of the discovery materials Patel requested from the police department but never received them. At his first hearing on September 14, 2017, Patel told the presiding judge that the state had not produced the evidence he requested and quickly wrote a motion to compel. The prosecutor agreed to gather those materials and the Court held that even though the state did not present the evidence required, it would not impose a sanction on the state.
On September 21, 2017, the defendant argued that he was not given a timely hearing and was therefore entitled to recission of the suspension of his driver’s license. The Court ruled that since the State had at that point complied with the discovery requests, the state’s failure to comply with providing the evidence was no longer relevant. The Court also ruled that they could not impose a sanction on the State because the parties had not participated in a Rule 201(k) conference.
The Appellate Court Decided that Patel Did Not Receive a Timely Hearing
The Appellate Court held that the State caused the delay between September 14 and September 21, 2017. Thus, the defendant “did not receive a hearing within the time prescribed by law, and he was entitled to recission of his statutory summary suspension.” Patel ¶11.
The Court reasoned that as petitions to rescind the suspension of a defendant’s driver’s license are civil proceedings, and if the defendant establishes a prima facie case for rescission, the state bears the burden to present evidence that justifies the suspension. If the defendant cannot have a meaningful hearing under the law because the state has not produced the requested materials, then the State has violated the due process clause of the State and Federal constitutions.
How Does this Ruling Affect Other DUI Hearings in Illinois?
The Patel ruling goes a long way in protecting the defendant’s rights in Illinois DUI hearings. Illinois code requires that after a summary license suspension following a DUI charge, the defendant shall be given a hearing in which he can present his petition to rescind the suspension within 30 days or the first Court date.
If you have been charged with a DUI in Illinois and your license has been summarily suspended, the state must provide you with a hearing within 30 days of the date in which you file your petition to rescind the license suspension. If they do not, they are not meeting the rules set forth by the law and your privilege to drive in the state of Illinois may be restored. If the state causes a delay in your hearing by not providing the evidence you request, the summary license suspension can be rescinded. If you have been charged with driving under the influence of alcohol, the experienced Cook County DUI attorneys at Glasgow and Olsson will fight for your rights to a timely license suspension hearing. Our attorneys will represent you every step of the way. Contact us for a consultation today.
(image courtesy of Ivan Chen)