Beating the DUI Suspension

 

 

Beating the DUI Suspension

 

Beating the DUI Suspension

Beating the DUI Suspension against smaller departments like Bull Valley DUI, Prairie Grove DUI, McCullom Lake DUI and Oakwood Hills DUI:

 

Most lawyers won’t tell you their tricks, but I will.  If you get a DUI your license gets suspended 46 days after the day you get your Notice of Statutory Summary Suspension from the police officer (the night or day of the arrest).  To beat this suspension you can use this lawyer trick.  The law says that the state must give you a statutory summary suspension hearing within 30 days of filing your motion to throw out the suspension.  The first business day after your suspension file a motion to throw out the suspension.  The court will usually set the hearing date a couple of weeks from your request.  The 14 days it takes them to set the case for hearing counts against their 30 day limit.  Then when the case comes to hearing, check the file to see if there is a confirmation of the statutory summary suspension from the state, if there is not the state must take some more time to wait for the suspension confirmation to be in the file.  The reason is  that the court can’t hear a case where there is no suspension because there is nothing for the court on which to order a cancellation.  On the next court date check the file for a confirmation, repeat and get a new date, on the State’s motion.  If you get the court to continue the matter past 30 days using this method, YOU WIN AUTOMATICALLY.

This works great for small understaffed police departments, or large ones that can’t seem to get their paperwork right.  The smaller departments in my county are Bull Valley DUI, Prairie Grove DUI, McCullom Lake DUI and Oakwood Hills DUI.

 

Good LUCK

 

Law Dude, Ray Flavin, Trial Attorney in McHenry County Illinois. His law offices are located across the street from the McHenry County IL Courthouse in Woodstock, IL. Visit Ray’s other website @ www.rayflavin.com.

 
 

Mobile: 815-334-9004

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Written by Ray Flavin

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