Lake Zurich, IL asked in DUI / DWI for Illinois

Q: In Illinois, do all summary of suspension get sent to the secretary of state automatically or is it up to the

Prosecutor? Mine happened on private property and my attorney is reluctant to file the petition to rescind SSS because he says the don't all get sent. I dont agree nor believe that. I'm going to fire him and I just hired him.

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3 Lawyer Answers
Theodore J. Harvatin
Theodore J. Harvatin
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Springfield, IL
  • Licensed in Illinois

A: It’s the police officer’s job. If the SSS has not been sent in there is nothing to rescind. Let him do his job.

Juan Ooink agrees with this answer

Brandon K. Davis
Brandon K. Davis
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Northfield, IL
  • Licensed in Illinois

A: The officer, not the prosecutor, is supposed to send a copy of the sworn report to the Secretary of State, which triggers the summary suspension. While sometimes they do fall between the cracks, they are typically submitted and processed. Your attorney may have a strategy and there could be a misunderstanding. I would just ask for clarification.

Juan Ooink agrees with this answer

1 user found this answer helpful

Juan Ooink
Juan Ooink
Answered
  • DUI & DWI Lawyer
  • Bolingbrook, IL
  • Licensed in Illinois

A: What? It does not matter if your attorney files a Petition to Rescind. It is up to the officer to send the paperwork into the Sec. Of State Office. Your attorney really needs to file a Petition to Rescind right away. If he will not, you should hire someone that will and right away.

1 user found this answer helpful

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