Q: When creating a petition to rescind statuary summary suspension?
Are all 3 points of argument criteria and requirements? Or is only one point of argument to be chosen and focused upon? And then how far do I go into detail in solidifying my argument? I mean if the entire arrest was unlawful and the officer literally did everything imaginable wrong as far as procedure, misconduct, failure to complete mission of initial stop, lack of reasonable suspicion, unlawful search and seizure, improper administration of field sobriety test, admission to not being trained in cannabis dui, harassment, direct threats!
I mean this officer literally sought me out, informed me from the beginning why he was fishing for anything and flaunting it in my face why he was doing it and directly threatening me upon releasing me! He abused his position and pursued me for a personal attack because of a relative and my affiliation with and false accusations of domestic abuse from her! And he made it clear and apparent to his intent! Do I touch on points or lay entire case
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A:
Although local practices can vary, in general, the petition itself is just a check the box exercise. Then you file a supporting legal memorandum as a separate document. In your case, it also sounds like you should also be filing a motion to suppress.
To be honest with you, the chances that you are going to get very far without legal training and without an objective mind are not that great. It’s relatively rare for an experience train lawyer, who has no emotional stake in the case to prevail on these types of motions. Since I’m all the way in Springfield, I’m not trolling for a client. I’m just giving you my honest assessment.
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