People v. Elliott

Illinois Appellate Court
Criminal Court
Statutory Summary Suspension
Citation
Case Number: 
2012 IL App (5th) 100584
Decision Date: 
Thursday, November 1, 2012
District: 
5th Dist.
Division/County: 
Perry Co.
Holding: 
Reversed.
Justice: 
GoLDENHERSH
Defendant was convicted of driving on suspended license. Defendant timely filed a petition to rescind statutory summary suspension (SSS), within 90 days from notice of suspension. Defendant had SSS voided through limited grounds for rescission under Section 2-118.1 in Jackson County, and then directly (not collaterally) attacked citation for driving on suspended license in Perry County, Citation could not stand, as SSS was rescinded. (WELCH and CHAPMAN, concurring.)